SHYAM SUNDER LAL DIXIT Vs. MADHYA PRADESH THROUGH THE SECRETARY TO THE GOVT OF MADHYA PRADESH EDUCATION DEPARTMENT BHOPAL

JUDGEMENT

(1.) THE petitioner by this petition under Article 226 of the Constitution seeks a writ of mandamus commanding the State Government to fix the pay-scale of the petitioner as Senior Lecturer and Professor from 1st April, 1958 in the unified scale, and a writ in the nature of certiorari to quash the order relating to the absorption of the petitioner which is exhibited as Annexure A. 36 to the petition.

(2.) THE facta and circumstances leading up to this petition are these. THE petitioner was appointed as a Lecturer on 24th July, 1952 in the State of Bhopal and was confirmed on that post on 18th July, 1956. From 1st November, 1956, the new State of Madhya Pradesh came to be constituted under the States Re-organisation Act, 1956. By an order dated 22nd August, 1957 the petitioner was appointed "temporarily until further orders as officiating Senior Lecturer in Hindi" in the Maharaja College, Chhatarpur in the scale of 350-350- 25-500-500-EB-25-700-700-EB-30-850. It was also mentioned in the order that the scale of pay and the designation of post were subject to revision at any stage by the Government. THE petitioner joined the new post on 26th August, 1957. By an order dated 17th August, 1960 the petitioner was transferred in the same capacity, pay and pay-scale to T. R. S. College, Rewa. Subsequently, by an order dated 6th July, 1964 the petitioner was transferred to Government Science College, Raipur in the same capacity, pay and pay-scale. In this order the petitioner was described as Professor. THEreafter, on 28th July, 1966 the petitioner was transferred in the same capacity, pay and pay-scale to the Government Degree College, Shivpuri. Here also the petitioner was described as Professor. As a result of the formation of the new State, the State Government took up the work of integration and reorganisation of services. In the final gradation list, which was published by an order dated 24th July, 1981 and which had the effect as if in force on 1st November, 1956, the petitioner was shown in category V as a Lecturer. In 1959 the Governor of Madhya Pradesh In exercise of his powers under Article 309 of the Constitution made the Madhya Pradesh Unification of Pay Scale and Fixation of Pay on Absorption Rules, 1959. We shall revert to the provisions of these rules later On 18th May, 1960 the Government sanctioned unified scales of pay by Order No. 1765/3184/ I- Integ. which is as under:

(3.) IN the result the petition succeeds and is allowed. We quash paragraph 2 of the absorption order dated 5th Jauuary, 1967 and issue a writ in the nature of mandamus directing the Government to fix the petitioner's pay in the unified scale of Professor and to give him the benefit of that scale from 1st April, 1958. The petitioner will have his costs of this petition from the respondent State. Counsel's fee Rs. 100, if certified. The amount of security deposit shall be refunded to the petitioner.