Jyoti Chittodiya vs State Of Madhya Pradesh And Others

1 The petitioner has filed the present writ petition challenging the orders dated 22.10.2018, 26.4.2018 and 12.3.2018 (Annexure-P/1 Colly) passed by respondent No.2, by which benefit of second time bound pay-scale, which was granted to the petitioner, has been withdrawn.

2 The petitioner was initially appointed on the post of Lower Division Clerk vide order dated 29.12.1989 (Annexure-P/3) and promoted as Assistant Grade II and after completion of 20 years of service, she was granted the benefit of second time bound pay-scale vide order dated 13.12.2013. However, without issuance any notice or giving any opportunity of hearing to the petitioner, the respondent No.2 has passed the orders dated 22.10.2018, 26.4.2018 and 12.3.2018, by which the benefit of second time bound pay-scale, which was granted to the petitioner, has been withdrawn on the ground that the petitioner does not fulfill the eligibility criteria for promotion on the higher post. Being aggrieved by that order, the petitioner has filed the present writ petition.

3 It has been stated that, the impugned order is illegal, arbitrary and is violative of principles of natural justice. That, no notice or any opportunity of hearing was given to the petitioner before passing the impugned order. It is further submitted that the petitioner is working on the post of Assistant Grade-II and the next promotional post is Accountant/Establishment Clerk, for which only three years experience is required, which the petitioner fulfills. That, the benefit of time bound pay-scale was given to the petitioner after screening his case by the screening Committee, therefore, the same could not have been withdrawn without issuing any notice to the petitioner.

4 Learned counsel for the respondents have filed their reply stating that the petitioner does not possess requisite eligibility for the promotion in order to claim the benefit of second time bound pay-scale. The respondent has further stated that the due to inadvertent, the benefit of second time bound pay-scale was granted to the petitioner vide order dated 13.12.2013 w.e.f.1.4.2010. As per clause-4 of the circular dated 24.01.2008 issued by the finance department for grant of benefit of second time bound pay-scale, employee should possess requisite eligibility for promotion in order to claim benefit of second time bound pay-scale. The eligibility criteria for promotion from the post of Assistant Grade-II to Accountant/Establishment Clerk is that the candidates should have cleared the clerical examination. The petitioner has not cleared the departmental examination to claim the benefit of pay-scale, therefore, the benefit which is granted to the petitioner has rightly been withdrawn.

5 Heard learned counsel for the parties and perused the records.

6 In the present case, the petitioner was working on the post of Lower Division Clerk since 29.12.1989 and promoted on the post of Assistant Grade-II. After completion of 20 years of service, she was granted the benefit of second time bound pay- scale, which was subsequently withdrawn vide orders dated 22.10.2018, 26.4.2018 and 12.3.2018 on the ground that the petitioner does not fulfill the eligibility criteria for promotion as well as she has not cleared departmental examination. Relying on Clause 4 of the circular dated 24.01.2008, the respondents in their reply have stated that the petitioner is working on the post of Assistant Grade-II and next promotion post is Accountant/Establishment Clerk, for which the petitioner does not fulfill eligibility criteria, therefore, the benefit of second time bound pay-scale granted to the petitioner has been withdrawn. Admittedly, the petitioner has not been promoted on the post of Accountant on the ground of non passing of the accounts training.

7 From perusal of the records, it reveals that the petitioner is working on the post of Assistant Grade-II, but she is working on the next promotion post from the post of Assistant Grade-II is the post of Accountant/Establishment Clerk, for which, eligibility criteria is three years' experience. The petitioner fulfills the said eligibility criteria and therefore, the screening Committee, vide order dated 13.12.2013 has granted the benefit of second time bound pay-scale to the petitioner. It is also to be noted that the said benefit has been withdrawn vide the impugned orders.

8 In light of the aforesaid, I allow the present writ petition and the impugned orders dated 22.10.2018, 26.4.2018 and 12.3.2018 (Annexure-P/1Colly), so far it relates to the petitioner, is hereby quashed.