MURARILAL YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition is directed against the order dated 04.02.2011 by which the claim made by the petitioner for payment of salary of promotion on the post as Assistant Grade -I w.e.f. 19.09.1996 has been denied and by the order of the even date, the promotion of the petitioner on the post of Assistant Grade -I is said to be modified, on the grounds that the petitioner was initially appointed as Lower Division Clerk on 28.07.1976 in the establishment of Law & Legislative Affairs Department of Govt. of Madhya Pradesh and was posted in the office of the Advocate General. Later on the petitioner was promoted on the post of Upper Division Clerk vide order dated 28.02.1984. By an order dated 19.06.1996, the petitioner was promoted as Assistant Grade -I and on successfully completing the period of probation of 2 years, he was confirmed on the said post on 27.10.1998. The petitioner was working as Assistant Grade -I when all of a sudden the order was issued on 09.03.2000 stating that the promotion of the petitioner as Assistant Grade -I was erroneous and it is modified to the effect that he is deemed to be promoted on the post of Record Keeper w.e.f. 19.09.1996. The petitioner assailed the said order in O.A. No. 1235/2000 before the M.P. State Administrative Tribunal, Bench at Gwalior. An interim stay was granted to the petitioner and he continued to work on the post of Assistant Grade -I. The said O.A. was transferred to the High Court, Bench at Gwalior, after closer of the Tribunal and was registered as W.P. No. 5055/2003. The said petition was allowed vide order dated 06.07.2004 and the impugned order issued on 09.03.2000 was quashed. However, liberty was granted to the respondent to take appropriate steps after granting an opportunity of hearing to the petitioner. It is the case of the petitioner that the said order was not implemented for a period of two years and all of a sudden again in one envelop a show cause notice dated 28.11.2006 was sent to the petitioner along with the order dated 28.11.2006 changing the promotion of the petitioner from the post of Assistant Grade -I to the post of Record Keeper. The said order was again challenged in a writ petition before this Court, Bench at Gwalior, being W.P. No. 6466/2006 (S).

(2.) The said petition was again allowed vide order dated 18.02.2010 and again the impugned order was quashed. Liberty was again granted to the respondent to extend full opportunity of hearing to the petitioner and to pass an appropriate order. During the pendency of the aforesaid writ petition, by order dated 07.02.2008 the petitioner was promoted on the post of Section Officer and as such he was working on the said post. However, when a claim was made for payment of salary of the post of Assistant Grade -I pursuant to the promotion order, the said claim was rejected and it has been said that the petitioner is not entitled to the salary of the said post. Again the amended order has been issued treating the promotion of the petitioner on the post of Record Keeper and not on the post of Assistant Grade -I. By the order of the even date it is said that in terms of the provisions of Fundamental Rules, the petitioner is not entitled to the salary of the post of Assistant Grade -I and, therefore, such a claim is rejected. It is contended that such action of the respondent is per se illegal, being violative of the provisions of statutory rules, therefore, the writ petition is required to be filed.

(3.) HEARD Learned Counsel for the parties at length and perused the record.