DEVI AHILYA VISHWAVIDYALAYA Vs. ABHIMANYU

JUDGEMENT

(1.) The appellant/respondent No. 2 (hereinafter referred as "University") has filed the present appeal being aggrieved by the order dated 15.03.2019, whereby the writ petition filed by the respondent No. 1 (hereinafter referred as "petitioner") has been allowed by directing the appellant to grant the benefit of time bound upgradation to the petitioner.

(2.) Facts of the case, in short, are as under:

(3.) The writ petitioner was appointed on the post of Wireman w.e.f. 03.06.1989 and later on confirmed vide order dated 25.01.1986 w.e.f. 03.06.1989 after completion of 12 years of service. Vide order dated 08.08.2006 he was given the benefit of 1st Krammonati but he was denied the benefit of time bound pay scale under the policy of State Government dated 24.01.2008 and 24.09.2008. Being aggrieved by the action of the present appellant/DAW, petitioner filed the writ petition before this Court. After notice the respondent No. 2/State of M.P. filed reply in support of the petitioner by submitting that by Ordinance No. 22 as approved on 06.07.2007 time bound pay scale is payable to the non-teaching staff of the University. The committee constituted by the University has decided the eligibility criteria for grant of time bound time pay scale and vide letter dated 16.01.2019 and 13.02.2019 the proposal was send to the Higher Education Department. The present appellant being respondent No. 2 also filed reply by submitting that Finance Department, Government of Madhya Pradesh vide order dated 24.01.2008 has appended the Annexure 1 and 2 in which various cadre of different departments are eligible to get the time bound pay scale. Clause 15 of the above circular further provides that the committee headed by the Principal Secretary of General Administration Department has been constituted for taking any decision for amendment in respect of inclusion of any department or cadre as specified in Annexure 1 and 2 of the said circular. Vide circular dated 24.09.2008 certain cadre of Higher Education Department has been added in the schedule but the cadre of Wiremen has not been specified in it. Vide letter dated 11.01.2018, the University has already requested the State Government to include the cadre of Wireman and other technical cadre of the University in the list for grant of time bound pay scale. However, the respondent No. 2 has admitted that the cadre of the petitioner has been recognized by the UGC. The University formed a 6 members' Committee for examining the case of the employees belonging to the technical and non-technical cadre for grant of time bound pay scale and in which name of the petitioner has also been included in the list of technical cadre. It is further submitted that as per Ordinance No. 22 the non-teaching staff of computer centre shall be eligible in time bound scheme is applicable to the non-teaching staff of the University but as per the State Government Policy.