•:^ "^. '•,^:;' /.'/: m^ : ^r=R''N ^o^-o jorif?% .sffa?^, TrMT. <^/)/p3H3^/£)^ . ^fo .BirT..^. ^Hra f< s <S^T^^~^ %r^r ?f€r.3F2?. A/o...j94:0^f<^> Hled today^ ..^..^:. .?;^. .<.^^ •• by S/ir/- ~,^.....^...,,^..-t^. ^^^•f<^^§^, For R]pglstrsr, . ' M.P.StQ^r^m. Trtbunai, RAI':UR. ^! 9-9rr?rf^ STl^-^T' 3ffirf?CT 1 985 ^l- EJFTF i 9 t i?PfrT 3{r^-?T- q-^t i i/ iF^^:?r?Tra'wrq7fr~ rfo sir^^. .^Trrr^ 3^0 y^. -^ -iEft.¥?T. ^rfra fbi?rrrferT^^rt3T^ • ,-. 1Rrr?:t'zr-3rfyQTrYt, TrGiHr^irq-. 2/ :2^!!&_iI_f@l°I - t^'<S^t^^~c ^c^^r tr?r?T ; irTr: fff^, (ifN? •T^H^T y^ q-ff^rTq77%Tror ^^e <:5^?r^^T frm ^l 2/ ^ ^^-^ /w-' ^:.^ c^ HIQH COURT OF CHHATTISGARH, BILASPUR SINGLE BBNCH : HON'ByB^HM^ANmDRAMQHANSHMVASTAVA.J. Writ Petition (8) No.3434/2005 PETITIONER Dr. R. N. Netam RESPONDENT Versus State of Chhattisgarh ORDER POST ON -?^'JULY. 2010 Sd/- Manindra Mohan Shrivastava Jude ^c^^ y^a^- .^, ^y,^ ^ / y fe,......«CJ^&. ft [ 1 f ^ ^^^~ HIGH COURT OF CHHATTISGARH : BILASPUR SINGLEBENCH : HON»BLBSHmMANINDRAMOHANSHmVASTAVA,J PETITIONER RESPONDENT Writ Petitioa (S»No.3434/2005 Dr. R. N. Netam Versus State of Chhattisgarh Appearance: Mr, Anup Majunidar, counsel for fh.e petitioner. Ms. Saageeta Mishra, Paael Lawyer for fhe State/respondent. ORDBR (Passed on ^ .07.2010) 1. A short question for consideration arises ia fhis petition. Brief facts necessary for decision of fhe petition are fhat fhe petitioner was initiaUy appointed as Surgeon on 15.10,1982. In impleinentation of statutory scheme of fhe Madhya Pradesh Revision of Pay Rules, 1990, read with the provisions contamejd io. M.P. PubUc Healfh & FamUy Welfare (Gazetted) Service Recruitment Rules, 1988, as amended, an order was passed by the State Goveminent on 7.9.1998 (Anuexure A-l) graatmg benefit of revised - Junior Grade, Senior-Grade aad Selectioii Grade Pay-Scales to Assistant Surgeon. The aforesaid order dated 7.9.1998 provided fhat tiie Goverament has approved graat ofjuxiior pay-scale of Rs. 2200 - 4000/- to 3720 Assistant Surgeons i.e. 60 percent; senior pay- scale of Rs.3000/- to 4500/- to 1547 Assistajat Surgeon ie. 25 percent and selection grade pay-scale of Rs.3700 ~ -2- ^-^: i '-^•' :'-^.9: ..^^ 5000/- to 928 Assistaat Surgeons Le, 15 perceut offhe total number ofofficers in. fhe cadre. 2. For fhe purpose of graiitiag the aforesaid benefits, the State Goverrmient farther coinputed fhe nuiaber of posts agamst which siich benefit had. to graated. The order dated 7.9.1998 recorded fhat as agamst 994 posts which fell vacaiit dunng fhe period froni 1988 to 1995, senior grade pay-scale of 3000 to 4500/- is graated to Assist^iit Surgeon agamst 776 posts from fhe date iadicated m the list aiinexed with the said order. The aforesaid order further provided break-up accordiag to fhe date when Assistant Surgeon coinpleted fheir miaiinuni required period of 6 years of service to becorae eUgible for graat of senior pay-scale. The same is as under: 1.1.1989 1.1.1990 1.1.1991 1.1.1992 1.1.1993 1.1.1994 1.1,1995 54 453 105 82 30 16 254 3, In fh.e Ust ofAssistant Surgeons found eligible for graat of senior grade pay-scale ofSOOO/- to 4500/-, naiae offhe petitioner finds place at Sr, No. 2297 aad fhe petitioner was held entitled for fhe said benefit w.e,f. 1.1.1991. 4, Case of the petitioner is fhat fhough the Goverainent in its order dated 7.9,1998 stated fhat 453 Assistant Surgeons are entitied to senior grade pay-scale froni 1.1.1990, but ia fhe Ust only 319 Assistant Surgeons have been shown to have been granted such benefit of senior .^^•^^, .-^^ 1 •^;-^ ' ^ -3- grade pay-scale froBi 1.1.1990, whereas fhe said order oiight to iaclude ia aU 453 Assistaat Siirgeons. Thus, 134 niore Assistaat Surgeons, in^cludiag fhe petitioner were iUegally deprived of fhe graat of senior pay-scale w.e.f 1.1,1990. Representations were iiiade by titie petitioner vide Annexure A-2, but fhe said benefit has notbeen graated. 5. Submission of learaed counsel for fhe petitioner is that if fhe Govemnient itsetf decided aad passed an. order for graat of senior pay- scale of 3,000 to 4.500/- to 453 Assistant Surgeons w.e.f. 1.1.1990, which is consistent wifh fhe statutoiy scheiae of up-gradation of 25% of posts of Assistaat Surgeons in. the senior pay-scale, according to which as maay as 1547 Assistaat Siirgeons were entiUed to said benefit, fhe said benefit was restricted only to 776 posts, out of that also, though, 453 Assistant Siirgeons were entitied to senior pay-scale froin 1.1,1990, only 319 Assistaat Surgeon were granted senior pay- scale froin 1.1.1990. It is submitted fhat if 453 Assistaat Surgeons would have been graated benefit jGroin 1.1.1990 as stated in fhe order dated 7.9.1998 itself, petitioner would have also received fhe benefit of seuior pay-scale froin 1,1,1990. In- substance, fhe subniission of leanied counsel for the petitioner is fhat though as per the order, petitioner is entiUed to grant of senior pay-scale from 1.1.1990 as he is ni fhe baad of 453 Assistant Surgeons ia fhe list annexed along wifh fhe onler, petitioner's name has been iiicluded in. fhe Ust of fhose Assistaat Surgeons, who have been graated senior pay-scale frora 1.1.1991. 6, On tlie otlier haiid, submission oflearaed counsel for the respondent is fhat fhe scherae extended the benefit of senior grade pay-scale only to the extent of 25% of fhe total uuniber of posts aad not beyoiid fhe -4- ) . ^. same. It is stated fhat fhe aforesaid Ihnitation did not allow graat of benefit of senior pay-scale to fhe petitioner until 1.1.1991, Therefore, the petitioner was granted fhe benefit oaly w.e,f. 1.1.1991 , 7. A perusal oforder dated 7.9.1998 (Annexure A-l) would show fliat the Goverrunent approved for graat ofsenior pay-scale ofRs.3000 ~ 4500/- t.o 1547 Assistant Surgeons ia the cadre, Beto^een fhe period froni 1988 to 1995, as raay as 994 vacaacies were identified, agaio.st which 776 Assistaat Surgeons were found eUgible for grant of senior pay-scale on different dates accordiag to their respective dates of conipletion of rain.iiauni 6 years of sendce as required under the rules. Accordiag to the scnxtiny niade by fhe Goveninient itsetf, as niany as 453 Assistant Surgeons were foiuid eligible for graiit of senior pay-scale w,e.f 1,1.1990. The order says fhat out of 994 posts agaiast which fhe benefit were to be granted, 206 Assistaiit Sui'geons were not found fit at tliat stage and for them posts were resewed, thus, 776 Assistant Surgeons haviag been foiuid entitied for graat of senior pay-scale on respective dates iadicated ia fhe order itsetf, were entiUed to grant of senior pay-scale . 8. In fhe retum, fbiere is no specific reason assigned as to on what basis the benefit of senior pay-scale could not be graated to 453 Assistaat Siirgeons w,e.f. 1.1.1990, though, itwas spectfically stated ia fhe order dated 7.9.1998 (Annexure A- 1). Though, fhere is no speci&c avennent iti fhe petition, petitioner ia his representation stated fhat out of 453 Assistaat Surgeons, only 319 Assistaat Surgeons were graixted benefit of senior pay-scale w.e.f. 1.1.1990. ';'"~'w'tf^ ? -5- 9. In fhe Ught of pleadings inade by the petitioner aiid tlie retura and considermg that fhe Goveranient itsetf, vide order dated 7.9.1998 (Annexure A-l) decided to grant senior pay-scale to 453 Assistaat Surgeons w.e,f. 1.1.1990, respondent/State is dit'ected to consider fhe case of fhe petitioner aad graat him senior pay-scale w.e.f 1.1.1990 subject to fhe condition fhat fhe petitioner falls withia fhe band of 453 persons as iadicated ia fhe order dated 7.9,1998 and ofherwise fuIfiUs the statutory requirement of miaimum period of service on fhe post and found fit for such grant. 10. Takiag iato consideration fhat the petition was filed ia fhe year 2000, it is directed fhat the necessary exercise, as directed by fhis Courty shall be completed expeditiously and necessary ordere, m the event petitioner found fit, would be graated wifhia a reasonable penod. 11. Petition is accordiugly disposed off. 12. No order as to costs. Sd/- Manindra Mohan Shrivastava Jude Praveen