MAHAVIDYALAYEEN PRAYOGSHALA TECHNICIAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioners have filed the present petition under Article 226 of the Constitution of India, challenging the order dated 1.3.2012 (Annexure P/14 passed by the respondent No.4 thereby rejected the claim made by the petitioners for grant of pay scale of Rs.4500 ­ 7000/- w.e.f. 1.4.2006 to them in the light of the recommendation of Brahma Swaroop Committee.

(2.) The petitioner No.1 is an employee association registered as Society under the provisions of M.P. Society Registration Act, 1973 having its head office at Indore Members of the petitioner No.1/Association and the petitioner No.2 were initially appointed on the post of Laboratory Assistant in the department of Higher Education of the State Government and by an order dated 6.8.1986, their designation has been changed to Laboratory technician and discharging their duties as Laboratory Technician alike all the other Laboratory Technicians in various Departments of the State Government.

(3.) The petitioners submit that earlier another employee association University & College Laboratory Staff Federation of India and others had approached this Court by filing a Writ Petition No.1019/2005 claiming for payment of higher pay scale of Rs.5500/- to 9000/- to them at the time of kramonnati at par with the Laboratory Technicians working in the School Education Department. The said Writ Petition has been disposed of, vide order dated 13.9.2006 by directing the respondents to decide the representation therein for grant of the aforesaid pay scale. That, when nothing has been done in the matter, the aforesaid Association and two others again approached this Court by filing another Writ Petition No.1276/2009 which was also disposed of vide order dated 14.12.2009 directing the respondents to constitute a committee consisting of experts and to decide the claim of the petitioners therein after affording them an opportunity of hearing. The Committee so constituted by its recommendations dated 15.1.2011 the Committee declined the claim of the employee/Association University & College Laboratory Staff Federation of India and others for grant of pay scale at par with Laboratory Technicians working in the department of School Education and accordingly an order was issued on 30.6.2011 by the respondent. In view of the order passed by the respondent, a contempt petition has been filed by the petitioner/Association. The said contempt petition was disposed of by this Court vide order dated 13.12.2011 granting the petitioners a liberty to assail the order. The members of the petitioner/Association are working on the post of Laboratory Technicians, however, they are not granted the pay scale which is made available to all other Laboratory Technicians working in various departments of the State Government pursuant to the recommendations of the Brahma Swaroop Committee. The matter regarding the pay scale of the petitioner/Association was not placed before the Brahma Swaroop Committee by the respondents; due to which, the pay scale which is payable to the Laboratory Technicians of the other departments have not been paid to the petitioner. Being aggrieved with the same, the petitioner/Association has preferred various representations to the respondents. However, vide order dated 1.3.2012 the said representation was rejected by the respondent. Being aggrieved by the said order, the petitioner has filed the present petitioner.