MOOLCHAND KUSHWAHA Vs. STATE OF M.P.

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution the petitioner has prayed for following relief:-

(2.) The petitioner submits that he was initially appointed as Chainman (Class-IV) in the pay scale of 125-150. Thereafter, pursuant to a direct recruitment, he was appointed on the post of Lower Division Clerk (LDC) by order dated 13.10.1978 (Annexure-P-2) in the pay scale of 169-300. The petitioner was promoted by order dated 26.07.2004 (Annexure-P-3) as A.G.-II in the pay scale of 4000-6000. The petitioner prayed for grant of Second Financial Up-gradation (Kramonnati) after rendering 24 years of service. The said demand of the petitioner was subject matter of correspondence between the authorities. The Deputy Director, Agriculture by communication dated 30.03.2005 (Annexure-P-6) informed the respondent No.2 that the petitioner was appointed as LDC on 16.10.1978 and completed his 24 years of service on 15.10.2002. His claim for grant of Second Kramonnati was considered by the appropriate committee and said committee found him suitable and recommended for grant of Second Kramonnati. The directorate by communication dated 29.08.2005 (Annexure-P-7), sought clarification again whether the petitioner was "promoted" as A.G.-III or occupied said post as appointee.

(3.) In addition, it was asked whether the petitioner's pay scale is Rs.3050-4590/- or Rs.3500-5200/-. In turn, the Deputy Director by communication dated 10.09.2005 (Annexure-P-8) clarified that the petitioner was "appointed" on 16.10.1978 as A.G.-III/LDC and on promotion to A.G.-II, he is drawing salary as 4000-6000. The Deputy Director by communications dated 10.04.2006 (Annexure-P-9) and 07.05.2008 (Annexure-P-10) reiterated his stand and recommended for grant of Second Kramonnati to the petitioner w.e.f. 15.10.2002. Alongwith this letter dated 07.05.2008, the petitioner's appointment order was forwarded to the directorate. The petitioner by placing reliance on Kramonnati Yojna dated 17.03.1999 prayed for grant of Second Kramonnati w.e.f. 15.10.2002.