K G TETWAL Vs. STATE OF M P

JUDGEMENT

(1.) This order shall govern the disposal of W.P. No.8775/03 also . Both petitions were filed before M.P. State Administrative Tribunal and registered as O.A Nos. No.133/01 and 759/01 claiming the relief to grant the pay scale 1200-2040/- and corresponding thereto. After issuance of the notice, the Tribunal was abolished therefore, these original applications were received to this Court for its final adjudication and re-numbered as W.P. 7928/03 and 8775/03. In both the cases facts and reliefs prayed for are similar, however, for the shake of convenience W.P. No.7928/03 is being referred as leading cases.

(2.) Petitioner was initially appointed as Class-IV employee as per order Annexure-A/1 dated 20.8.1965 and promoted as L.D.C. On 27.9.77, thereafter next promoted as Steward on 21.9.92. It is his case that the services are governed by the Rules, which are known as M. P. Employee State Insurance (Class-III non gazetted) Service Recruitment Rules, 1978 (herein after called as " Recruitment Rules"). The Recruitment Rules have been framed in exercise of the power as conferred by the proviso of Article 309 of the Constitution of India. Under the Recruitment Rules in schedule (1) the post of Assistant Gr.II/Cashier and Steward are in one cadre carrying the scale of pay 195-5-240-6-252-EV6-270-10-330. It is mentioned in Schedule II that all the posts of Assistant Gr.II, Cashier and Steward are required to be filled up 100% by promotion. The Schedule IV specifies the feeder cadre and the promotional posts. The relevant extract of Schedule IV is reproduced herein below :- ...[VERNACULAR TEXT OMITTED]...

(3.) Petitioner has also filed Annexures-A/3 and A/8 demonstrating that, if any person is promoted in the unified cadre of Assistant Gr.II/Steward/Cashier, he may be assigned the work of any post, but the pay scale shall remain unchanged. It is further said that a common gradation list of the said unified cadre has been published by the department as per Annexure-A/7. However he is in the unified cadre of Assistant Gr.II/Cashier/Steward, and accordingly vide order Annexure-A/6 dated 17.3.1998 his pay was fixed in the scale of pay 1200-2040, w.e.f. 1.1.1996, after its revision. Thereafter he had opted for voluntarily retirement w.e.f. 31.8.98.