LAWS(MPH)-2017-11-63

SMT.DEVKIBAI FALKE Vs. DEVI AHILYA UNIVERSITY INDORE

Decided On November 03, 2017
Smt.Devkibai Falke Appellant
V/S
Devi Ahilya University Indore Respondents

JUDGEMENT

(1.) This court has already decided Writ Petition No. 2351/2010 on 29-09-2016 (Kumari Poornima Yadav Vs. Vice Chancellor and others) and the present petitioner is an identically placed person. The judgment delivered in the case of Kumari Poornima Yadav reads as under :-

(2.) Another aspect of the matter is that a prayer was made by the employees for grant of benefit of revision of pay-scale w.e.f. 01.01.1996, however, prayer for grant of benefit w.e.f. 01.01.1996 was rejected, meaning thereby, this Court has directed for grant of benefit of revision of pay-scale keeping in view the recommendation of 5th pay commission wef 01.07.1998 to the petitioners therein. Respondent/University has not honored its commitment and the petitioners were left with no other choice except to file subsequent writ petitions.

(3.) Non grant of higher pay-scale is a recurring cause of action and in those circumstances, second writ petition has been filed. Notices were issued to the respondents on 19.03.2010. University has opted not to file reply in the matter for the reasons best known to the University. Time was also granted to the University to sort out the matter, however, University has not taken steps in the matter right from 2010 and the facts remain that there is a judgment on record in respect of the employees working at University in University Innovative School (Centre of Excellence) th for granting them pay revision based upon 5 pay commission w.e.f. 01.07.1998. The judgment delivered by this Court in W.P. No.643/1999 reads as under:-