STATE OF MADHYA PRADESH Vs. SHYAM SUNDER SAVITA

JUDGEMENT

(1.) THIS writ appeal is preferred by the State being aggrieved by an order dated 13-3-08 passed by the learned Single Judge of this Court in W. P. No. 5143/06 (S) thereby allowing the petition filed by the present petitioner.

(2.) BRIEF facts of the case are that the respondent was appointed on the post of Tehsil Organizer vide order dated 30-11-84 in the pay scale of Rs. 740-1180/ -. This appointment was made in exercise of the powers conferred under the Adhiniyam known as Madhya Pradesh Gram Tatha Nagar Raksha samiti Adhiniyam, 1999 and the Rules were framed thereunder Section 21 known as Madhya Pradesh Gram Tatha Nagar Raksha Samiti Niyam, 2003. These rules govern the service condition of the respondent. As per the said rules, no channel of promotion is provided from the post of Tehsil Organizer. However, the Govt, has prescribed a provision for grant of two higher pay-scales, firstly on completion of 12 years in service and secondly on completion of 24 years in service.

(3.) THERE is no dispute that the respondent was granted benefits of both these higher pay-scales. He filed the petition praying for relief that a policy for creating promotional posts be formulated with a specific time-frame so that the petitioner and other similarly situated persons may get the benefit of that policy. This petition is allowed by the impugned order. While allowing petition the Writ Court has held that non-providing channel of promotion is arbitrary and illegal and further directed the respondents/state to provide two channels of promotion to the petitioner after completion of 12 years and 24 years in service. The Writ Court also directed to comply with the aforesaid order within a period of three months. This Order is assailed by the State Govt. in the present writ appeal.