SURESH SILAWAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) PETITIONERS were working on the post of Assistant Professor in the Department of Higher Education, Government of Madhya Pradesh. They have been promoted from the post of Assistant Professor to the post of Professor with effect from 1-1-2004 vide order dated 8-12-2006 (Annexure P-1) in the same pay scale of Rs. 12000-18300 which they were drawing prior to their promotion. Taking into consideration that the petitioners were promoted from the post of Assistant Professor to the post of Professor in the same pay scale of respondents issued an order dated 5-5-2008 (Annexure P-4) to extend them the benefit of Fundamental Rule 22-D. However, vide order dated 5-6-2008 (Annexure P-5) the said order has been cancelled on the ground that the order (Annexure P-4) was not in accordance with the Fundamental Rules. Aggrieved the petitioners have filed this petition.

(2.) THE case of the petitioners is that the post of Professor on which they have been promoted carries duties and responsibilities of greater importance than the post of Assistant Professor and that they having been promoted in the same pay scale for which they were working prior to their promotion are entitled to get the benefit of F.R. 22-D as held by a Division Bench of this Court Bench at Indore in the case of State of M.P. Vs. Dayaram Palidar, W.P. (S) No. 1104 of 2001, decided on 4-10-2002. It is further case of the petitioner that in view of F.R. 22-D, the circular dated 9-4-2007 (Annexure P-3) and the Government order (Annexure P-6) the action of the respondents in not extending the benefit of F.R. 22-D to the petitioners is illegal and is liable to be quashed.

(3.) IN order to appreciate the controversy involved in this petition it is appropriate to extract the Fundamental Rule 22-D for ready reference :-