KISHAN PILLEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioners, working in the High Court of Madhya Pradesh on various Class IV and III posts, have filed this petition for grant of higher pay scale. The petitioners further prayed that the petitioners No.1 to 37, who were below the grade pay of Rs.3600.00 be granted one additional increment and the petitioners No.38 to 117 who were working on the grade pay of Rs.3600.00 be granted two additional increments w.e.f. 01.04.2003 respectively.

(2.) The petitioners are the employees working in the High Court on Class IV and III posts. Their service conditions are governed by the recruitment rules named as The High Court of Madhya Pradesh (Officers and Employees Recruitment and Conditions of Services, Classification, Control, Appeal and Conduct) Rules, 1996 (hereinafter called as 'the Rules of 1996'). The aforesaid rule was framed in exercise of powers conferred by Clause 2 of Art. 229 of the Constitution of India.

(3.) The petitioners pleaded in the petition that they are performing the similar work rather onerous work in comparison to the employees who are working on Class IV and III posts in the District Courts in the State of Madhya Pradesh (hereinafter called as 'the employees of Subordinate Courts). The pay scale of subordinate Courts' employees have been revised by the State of Madhya Pradesh in accordance with the directions issued by the Apex Court in the matter of All India Judges Association and others Vs. Union of India and others (Shetty Commission). The employees of subordinate Courts were also granted benefit of additional one increment, up-gradation of pay-scale and certain other allowances. The State Government accepted recommendations of Shetty Commission. However, the same benefits have been denied to the petitioners, which has resulted into anomaly in the pay and allowances. The petitioners made a representation to this effect to the High Court and the Committee constituted by the High Court forwarded the recommendations to the State Government. However, the Government has not taken any step in this regard till today.