- (1.) BY this petition, the petitioner seeks a direction to the respondents to grant regular pay scale from the date of his initial appointment i.e. w.e.f. 04.04.1985.
(2.) THE facts, in brief, as projected by the petitioner, for proper adjudication of the case, are that initially the petitioner was appointed as Salesman in Government Country Liquor Shop, as daily wager employee vide order dated 04.04.1985 (Annexure P/1) passed by the Collector (Excise), Khargoun. However, in view of change of policy, the services of the petitioner as well as other employees were terminated w.e.f. 21.06.1990. Being aggrieved by the said action, the terminated employees preferred an original application before the State Administrative Tribunal (for short "the Tribunal") being OA No.1006/1990 (M.P. Class III Government Employees Association and Others v. State of M.P. and Others). The said original application was disposed of by the Tribunal in favour of the employees. According to the petitioner, there against, the Government preferred an appeal before the Supreme Court. The Supreme Court while dismissing the appeal of the Government directed to frame scheme within six months. In spite of the order passed by the Supreme Court, the services of the petitioner has not been absorbed.
(3.) THE Collector (Excise), Rajnandgaon, by order dated 26.03.1993 (Annexure P/3) appointed the petitioner on the post of Salesman for a period of 89 days on temporary basis. When the services of the petitioner was not absorbed, he preferred a writ petition before this Court i.e. W.P.No.397/2003. THE said writ petition was disposed of by this Court by order dated 02.04.2003 (Annexure P/4) with a direction to the respondent authorities to consider and decide the representation of the petitioner. In compliance of the order of the Supreme Court, as well as this Court, the services of the petitioner was absorbed by order dated 26-07-2004 (Annexure P/5) in the Excise Department on the post of Excise Constable. Since then the petitioner has been working in the respondent department. However, no annual increments have been granted to the petitioner from the date of initial appointment of the petitioner till the date of absorption. Being aggrieved by the said inaction on the part of the respondent authorities, the petitioner submitted representations before the respondent authorities, but no action has been taken till date. Thus, this petition.;