J K PAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition under Articles 220 and 227 of the Constitution to call up and quash by certiorari- (i) an order dated 22 March 1961, whereby the petitioner's pay was fixed at Rs. 133/- on a new time scale of pay introduced retrospectively from 17 November 1954; (ii) another consequential order dated 2 December 1961 by which directions were given for recovery of Rs. 132. 15 from the salary of the petitioner on account of over-payments made to him since 6 June 1959; and (iii) an order dated 1 December 1964 by which the petitioner was given an opportunity for election exercisable under Rules 4 and 6 of the madhya Pradesh Unification of Pay Scales and Fixation of Pay on absorption Rules, 1959. The petitioner further prayed for a writ of mandamus prohibiting the authorities from giving effect to the aforesaid orders.

(2.) THE facts giving rise to this petition, shortly stated, are these. The petitioner was employed as a clerk in the Public Works Department of the old State of madhya Pradesh, having entered service in the year 1941. By an order dated 14 february 1955, the Government of that State took a decision to divide the Public works Department into two branches, (i) Buildings and Roads Branch and (ii)Irrigation Branch. In regard to the establishment of the two branches, it was directed inter alia as follows:

(3.) THE respondents resisted the petition only on the basis of the order dated 14 february 1955 (Annexure R-I) and claimed that it entitled them to revise the scales of pay at a future date.