STATE OF MADHYA PRADESH Vs. MURLIDHAR SHARMA

JUDGEMENT

(1.) The present appeal has being filed under Sec. 2(1) of Madhya Pradesh Uchha Nyayalaya (Khand Nyaypith ko Appeal) Adhiniyam 2005 being aggrieved by the order dtd. 12/9/2019 passed by the Writ Court in W.P No.7834/2011, whereby the writ petition preferred by the present respondents was allowed.

(2.) Facts of the case draped in brevity are that the respondents are the employees of Zila Panchayat, District Indore and they were working in the appellant(s) department i.e Panchayat avam Gramin Vikas Vibhag. Appellant(s) had issued the circular dtd. 21/7/2010 regarding grant of 5th Pay Commission as per recommendation of Pay Commission, benefits have been given to the petitioners w.e.f. 1/1/2006 in revised pay scale of Rs.5200.0020,200 by the appellant(s). A meeting was held on 29/7/2009 by the appellant no.2 for grant of benefit of 6th Pay Commissions to the respondents w.e.f. 1/4/2006 and benefit has been given to the respondents by the appellant(s). Thereafter appellant(s) passed an order dtd. 2/3/2010 and 18/4/2011 regarding grant of 6th Pay Commission in District and Janpad Panchayat Employees and also directed to concerning Chief Executive Officer for recovery of the amount of 6th Pay Scale and according to instructions given by the appellant no.1, the respondent no.2 passed an order dtd. 9/9/2011 for recovery of the amount of 6th Pay Scale from the respondents without giving any opportunity of hearing and without giving any show cause notice to the respondents. The respondents had made a Representation to the respondent No.2, for grant of benefit of 6th Pay Commission along with dearness allowance. But no action was taken. The respondents filed a writ petition vide W.P No.7834/2011. The said petition was allowed and the impugned orders were quashed.

(3.) Counsel for the appellant(s) submits that the Appellants are bound to comply with the circulars of the State Government, especially the policy with regard to payment of salary. Thus, the Appellants had no other option then to deduct the amount. It would be not out of context to mention here that Panchayats are entirely independent on the funds provided by the State Government as they do not have their own source of income. Thus, they are bound to comply the circulars. It is contended that the employees of the Panchayat are not at par with the Government employees as the Panchayats are independent bodies and thus, the employees cannot be treated as Government servants. The Panchayats fall in the category of the semi Govt. Organization and thus, the panchayats are not bound to extend the same benefits as are extended to the Government servant. It is argued that the appellants have rightly denied the benefit of 6th pay commission to the writ petitioners who are employees of Jila Panchayat and Janpad Panchayat. They were extending the benefit of 6th pay commission but since they were not entitled, therefore, the same was withdrawn.