Arun Kumar Mishra vs The State of Madhya Pradesh

Alok Aradhe, J.—With the consent of learned counsel for the parties the matter is heard finally.

In this petition, the petitioner inter alia seeks a direction to the respondents to accord him the benefit of revised pay-scale in light of the order dated 2.12.1997 and to fix his pay in the scale of pay of Rs. 1400-2640. The petitioner has also sought a direction to the respondents to grant him the benefit of Kramonnati from the date of completing 12 years in service in the pay-scale of Rs. 1640-2900/-.

The facts, leading to filing of the writ petition, briefly stated, are that the petitioner was initially appointed on as Physical Training Instructor on 22.7.1976 and thereafter vide order dated 2.12.1997, the petitioner was granted Teacher Cadre Pay-scale of Rs. 1400-2640/-.

Learned counsel for the petitioner submits that vide order dated 7.3.1998 issued by the Joint Director, Public Education, the benefit of Kramonnati was directed to be given to the Physical Training Instructors on completion of more than 12 years of service. However, the benefit of higher pay-scale is not being extended to the petitioner. In this connection, the petitioner has submitted representations to the respondents contained in Annexure P/6, however, the same have failed to yield any response. In the aforesaid factual backdrop, the petitioner has approached this Court.

Learned counsel for the petitioner submitted that the controversy involved in the instant petition is squarely covered by an order dated 18.2.2010 passed by the Gwalior Bench of this Court in the case of Rakesh Agrawal v. State of M.P. and Others (WP No. 2403/2010). It is further submitted that the petitioner may be granted liberty to file a fresh representation with regard to his claim and the writ petition may be disposed with the direction to the competent authority to consider and decide the same. On the other hand, learned counsel for the respondents fairly submitted that if such a representation is made, the same shall be dealt with in accordance with law expeditiously.

Taking into account the submissions made by learned counsel for the parties and as agreed to by them, and with a view to maintain parity as well as for the reasons assigned by the Gwalior Bench of this Court in Rakesh Agrawal (supra), the writ petition is disposed of with the direction that in case the petitioner submits a representation to the competent authority with regard to his claim within a period of three weeks from the date of receipt of certified copy of this order, the competent authority shall consider the same and to grant the same from the date of entitlement of the petitioner, in case he is found to be eligible. The competent authority is directed to take a decision with regard to claim of the petitioner by a speaking order within a period of three months from the date of receipt of such representation. It is made clear that this Court has not expressed any opinion on the merits of the case.

C.C. as per rules.