STATE OF M.P. Vs. JHAMMAN LAL SHARMA

JUDGEMENT

(1.) This intra Court appeal arises out of order dated 1/3/2018 passed by learned Single Judge in W.P. No.8460/2011, whereby re-fixation of the pay of respondent from Rs.7250/- to Rs.6900/- and direction to recover the amount paid to him have been set aside.

(2.) The brief facts leading to filing of this case are that respondent was appointed as Upper Division Teacher in the year 1981. Pursuant to the policy of the State in vogue, respondent was granted timescale of Rs.1640-2900 w.e.f. 21/1/1993. Thereafter, the respondent was fixed in the pay-scale of Rs.5500-9000. He was later promoted to the post of Lecturer (Commerce) w.e.f. 1/1/2001. An Original Application was preferred before the State Administrative Tribunal which was later on transferred to this Court and registered as W.P. No.6027/2003. While disposing of the said writ petition vide order dated 9/8/2004, it was held that whenever an employee is promoted to discharge the functions of a higher post with greater responsibilities, even if the payscales of feeder cadre and promotional post are equal, the employee is to be granted advantage of FR 22-D. Thereafter, the respondent retired on 31/8/2011. However, at the time of settlement of his retiral dues, his pay was refixed from Rs.7250/- to Rs.6900/- with further direction to recover the amount of Rs.64995/- from the gratuity of the respondent.

(3.) The above action of the State was assailed by the respondent in writ petition and the learned single Judge held that on promotion to the post of Lecturer though the respondent was fixed at Rs.7250/- in the scale of Rs.5500 to 9000, he was still entitled for grant of one increment as contemplated under clause (I) of FR 22-D. Accordingly, the learned Writ Court quashed the impugned order and directed to re-fix the pay of the respondent to Rs.7250/- w.e.f. 1/1/2001 and revise his Pension Payment Order (PPO) and Gratuity Payment Order (GPO) within a period of three months from the date of communication of that order. He was also held entitled to arrears of pension on refixation along with interest @ 7.5% from the date of his entitlement i.e. 31/8/2011. the order of learned Single Judge, learned counsel for the appellant submitted that while passing the impugned order, the learned Single Judge has lost sight of the circular dated 22/1/07(Annexure R/1) wherein it has been specifically mentioned that as and when an employee is promoted in next pay-scale, pay-scale should be fixed treating him that he was never granted aforesaid pay-scale.