USHA DUBEY Vs. STATE OF MP AND ORS.

JUDGEMENT

(1.) PETITIONER claims grant of regular pay scale from the initial date of appointment. The benefit is claimed by the petitioner in the light of the order passed by the Division Bench at Indore Bench of this Court, in W.A. No.346/2008 (Smt. Usha Ranawat Vs. State of M.P. and others), dated 18 -12 -2008. By the aforesaid order passed, more than 25 writ appeals claiming similar benefits were decided and it was directed that the benefit of pay fixation in the regular pay scale from the initial date of appointment shall be made to the petitioners therein. In fact the Division Bench has upheld the orders passed by the learned Single Judge in various cases and while deciding the writ appeals in para -19 the following directions were issued by the Division Bench:

(2.) HAVING heard the learned counsel for the parties, it is seen that the point involved in this petition has already been put to rest by the Tribunal long back in Madhukant Yadu Vs. State of Madhya Pradesh, in O.A. No.2745/1989, decided on 24.8.1992. Said decision was assailed by the State Government by preferring an SLP before the Apex Court, which was registered as SLP No. 6892/1993 and the same has been dismissed on 3.1.1999. Later on, the Principal Seat as well as the Benches at Gwalior and Indore have decided hundreds of petitions in the light of the said decision and, therefore, there is no reason why petitioner can be deprived of the benefit, which was extended in the case of Madhukant Yadu to similarly situated other co -employees.

(3.) AT this juncture, I may profitably refer to the Single Bench decision of this Court in the case of Rajendra Kumar Pande and five others Vs. State of MP and others, in W.P. No.8928/03, decided on 21.4.2004, wherein the decision of Madhukant Yadu which was affirmed by the Supreme Court, was followed and all the objections which were raised by the respondents were not accepted.