9861 teJ^JV.ff: ia^t^JE <614&Lli:j5 * 61 IJLLh E^=^; Xb h^K '6'h.l tellt^Lb&Ll ^MLla^it Jz^ j24StU.lS <(&^!4M •+7 •^•te ifeyi *S4rj^-v; <(^ji ^AZI" bMUD^. J24M^ tzJl^llfi <<&J^i4i3£ •£ ••^•tt| IdLiil^t *St^ Mlj. l^ <&i^J. IJ^JC 'JjffaiK i?&]^ lft!J la^S JzJgt&MlS <&^4i. •2 •M^'i^sb hV^fe *Mfe^. teAfcLJi 1 haLl£•A •tt fet^.K i.U.a fcBLlfi •j6 •te • 8 iBl&^^Lfcffi Js 5^ ^. •A*tt ^Lk^LhMA *9*.Jh ^Lte <J>S.y^tt hi^. - 3( <&bl21& P&t-j i bt^ ^ite OS izlK ^fctte lU^id.^ 'feA fctt^llE; J,ttte ttiJLte^J^k <6^^LJS 6 661/^^J)- ^&th •A-^M: •2Ahl2 *l^fe3te loJ2L(6t4!£ fil4KL1^6 Iz^Ll tt^kLtt Ifttli '^olh^^^}^^i ^i *11*lrtl ^STT^ ^wr;;ZTRTTS?T, tyTil1tl<l<»,Row^x ^'±^.^.w.^p.^..... (^ ^^20—" 3TT^5T^rRylicb fCT3TT^5T^)+lic|? ''!- 3TT^9T ^fa ((j^i^<sl<ES) g;;RTTWr^Tfi^cT^fl^^T SB: Hon'bte Shri Manindra M hhan Shrivastava. J. 11-02-2010 Shri S. K. Thomas, coun^el for the petitioner. hjgller Shri Arvind Dubey, Panel| With the consent of heard finally. The facts necessary for petittoner are that the petitionei| the Regional Printing Press, R4j promotion under Government 1984 vide order dated 20-06-11 petitioner was placed in the 05-04-1983. However, actual promotion was not granted tc| several representations to the grantaj to him. Learned counsel for the pay scale as ordered vfcle orde|r with effect from 01-01-1986 1987. Hte submission is that th^ clarified that the benefit of would continue to be in force, scate under Choudhary Pay duty bound to grant benefit of s4 as per order dated 20-06-198p revised pay scale under [Lawyer for the State/respondents. learhed counsel for the parties, the matter is cpi<<Io<Tt<i *ii^oT^"feMSl <<f^i^5i\ ^3rf^T3n^^T lidjudication of controversy involved in the while working as Lower Division Clerk in ^jnandgaon was conferred benefit of scale Ipolicy dated 21-03-1983 read with 21-02- |986 (Annexure A-1). By this order, the pay scale of Rs. 575-880 with effect from b^neftts emanating from this order of scale the petitioner. The petitioner submitted tigher authorities but that benefit was not |>etitioner submits that the benefit of higher dated 20-06-1986 ought to be extended unper Madhya R-adesh Pay Revsion Rutes, circular dated 28-05-1987 (Annexure A-5) promotion granted prior to 01-01-1986 ^ven after grant of benefit of revised pay S<jale. In his submisston, respondents were ^ate promotion with effect from 05-04-1983 -198p, and thereafter his pay fixatton in the Madhy^Pradesh Pay Revision Rutes, 1987. sc^le S<jale. -198& 7" ^ST^TRTIWT, tPTll^-Ka, RlriK-l^ w.V-f^)<^.^^L<^< ^PTCff^^T^ ..........^...............y........ ^20 3TT^9T iRq? (<jc|I^cjtg) 3H^^TqnR^ich nW3TI^5Tfi)^icp ^r- cpi<iIc)<TI<i +ii+icl>V^rf^^£l<<Ri^$i<< ^? 3lRl<1 3TT^5T On the other hand, leai|ned State counsel referring to the retum submits that in view of the dircular dated 16-03-1988 of the Finance Department, benefit of scale withdrawn and government ser^ revised pay scale with effect frc case ofthe petitioner Vide order dated 20-06 granted benefit of scale promoi w.e.f. 05-04-1983. Thoughthe the order. It cannot be lost sjgh| and 21-02-1984 aimed at s| xomotion granted after 01-01-1986 were rants were entitled for revision of pay in the m 01-01-1986 whteh has been done in the -1986 (Annexure A-1), the petitioner was |ion to the higher pay scale of Rs.575-880 ^rder was passed after 01-01-1986, benefit was conferred not only on th|e petitbner but also on the many other government employees from va^ious dates prior to the date of issuance of petitioner was entitled to these| of that the Govt. Poltey dated 21-03-1983 sate promotion benefits in the manner prescribed to the eligible go^ernment emptoyees, and therefore, the benefits. Delay in granting those benefits was not the fault ofthe petition^r. Order itself shows that the petitioner was held entitted for this benefit w.e.f. 05-04-1983. In view ofthe promulgati<|)n of Madhya Pradesh Pay Revision Rules, 1987 for giving effect to tjie recommendation of Choudhary Pay Commisston, queries were rais^d as to whether the benefits of promotion granted to the government e^ployees under scale promotion scheme would be available or not. Thi^ 28-05-1987 (Annexure A-5) v| benefits of scale promotion wou| of Choudhary Pay Commission| on, another circular was issuecl was clarified by the Govt. circular dated 'herein it was clearly provkjed that the Id be available in spite ofcoming intoforce recommendattons w.e.f. 01-01-1986. Later on 16-03-1988 stating that the beneffl of •i^y^.. .•'s'-:^^^ l'^\^ ^3:5ET^I<410«,tPTHwifi, RlrtK-l^ ^j,?> ^^.^^^£'~_ WT^T^^TT^ ..............................y.... ^^20 3TT^9T q^P (^ijcltg) 3T!^€T^TR^icp ^TT3n^5TSRTcF p^ scate promotion granted after 01 the enforcement of Choudhary cpi^Icl)<Tlvi ^i+ioT^ft^^l ^Rit$i^ c|) 3?f^T 3H^^T 1-01-1986 shall loose its effteacy in view of pay Scale recommendations w.e.f. 01-01- 1986 under the statutory rules 1-elating to reviston of pay under Madhya Pradesh Pay Reviston Rutes, 19p7. 1 am unable to accept th^ submission of learned State counsel that circular dat^d 16-03-1988 had|the effect of withdrawing the benefits of scale promotion which was grartted to the petitioner vide order dated 20- 06-1986. The safcl benefit was ^ranted tothe petitbner w.e.f. 05-04-1983. The only effect of the two circu also the provisions contained 1987 was that the irrespective of to be granted on the basis of explained under Rule 3 ofthe are dated 28-05-1987 and 16-03-1988 as n Madhya Pradesh Pay Revjsion Rules, grant of scale promotion, pay revision was scales whteh they would have drawn as jhya Pradesh Pay Revision Rules, 1987. As an upshot of the abc|ve discussbn, 1 am of the view that the benefit of scale promotion coultl not be withdrawn from the petitjoner in respect of the period from 05-0^-1983 till the date of coming into force of revised pay scate under Choudh|ary Pay Soate recommendattons w.e.f. 01- 01-1986. Consequently, it is obligation to extend the benefit order dated 20-06-1986 w.e.f. Of 01-1986. The petittoner is not pf of overtime payment. In the result, the petition i^ order as to costs. Sd/- Manindra Mohan Shrivastava Jude itel that the respondents are under an )f scate promotion to the petftioner as per 3-04-1983 up to the period just before 01- essing other benefits with regard to claim allowed to the extent indcated above. No