STATE OF MADHYA PRADESH Vs. R K CHATURVEDI

JUDGEMENT

(1.) This is a reference made to the Full Bench by a Division Bench of this Court on a question of law on which there appears to be conflicting opinions of two Division Benches of this Court,

(2.) The facts briefly are that the respondent No. 1 was initially appointed as Sub-Engineer in the Water Resources Department of the Government of Madhya Pradesh w.e.f. 24-9-1980. His wife had two children and she went through a Family Planning Operation on 9-6-1984. Under a Circular dated 29-1-1979 of the Government of Madhya Pradesh, General Administrative Department, a Government servant who went through Family Planning Operation was to be given two advance increments. Accordingly, by order dated 16-7-1984 of the Executive Engineer, Benganga Project of the Water Resources Department, respondent No. 1 was granted two additional increments w.e.f. 9-6-1984. Thereafter, the pay-scales of Government servants were revised w.e.f. 1-1-1986 and the pay of the respondents was fixed in the revised scale of Rs. 2000- 2900/-. The respondent No. 1 entertained a grievance that while fixing his pay in the revised scale of Rs. 2000-2900, the petitioners have not given him the benefit of two additional increments, He therefore filed O.A. No. 482/1999 before the M.P. State Administrative Tribunal (for short 'the Tribunal'), Gwalior Bench for appropriate relief. The petitioner filed a Return in the said O.A. No. 482/1999 contending that at the time of pay fixation in the revised pay-scale of Rs. 2000-2900, the pay of the respondent has been fixed at proper stage on the basis of his basic pay which includes merger of two increments of Family Planning Operation and there is no case for grievance of the respondent No. 1.

(3.) By order dated 31-8-1989, the Tribunal disposed of the said OA following its decision in O.A. No. 415/92 and directed that the respondent No. 1 be extended, the same benefit as has been extended to the applicant of OA No. 415/92, meaning thereby that the petitioners shall refix the pay of the respondent No. 1 in the revised scale of pay of Rs. 2000-2900/- adding one additional increment on account of Family Planning Operation and calculate the arrears and make the payment to the same within a period of three months from the date of communication of the order. Thereafter, the respondent No. 1 filed a Misc. Application No. 399/99 before the Tribunal for correction of the said order dated 31-8-1999 and by order dated 21-9-1999, the Tribunal corrected its earlier order dated 31-8-1999 so as to substitute the words "one additional increment" by the words "two additional increments". Hence, by the two orders dated 31-8-1999 and 21-9-1999, the Tribunal directed the State to refix the pay of the respondents in the revised pay-scale of Rs. 2000-2900 adding two additional increments on account of Family Planning Operation and calculate the arrears and make the payment of the same. Aggrieved, the petitioners have filed this petition under Article 227 of the Constitution for quashing the said order dated 31-8-1999 in OA No. 482/99 as corrected by the order dated 21-9-1999 in M.A. No. 399/99.