- (1.)This Writ Appeal is filed under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, against the order dated 15.10.2004, passed in Writ Petition No.3088/03, whereby the learned Writ Court dismissed the petition of the appellant.
(2.)The brief facts of the case are that the appellant was promoted in the post of Statistical Officer in the Veterinary Department, Bhopal on 30/04/1978. The pay-scale of the post of Statistical Officer initially was Rs. 450-900/-. Thereafter, after revision of the pay-scale under the Madhya Pradesh Revision of Pay Rule, 1990 (hereinafter referred to as the "Rule of 1990"), the pay-scale of the appellant was revised and accordingly fixed at Rs. 2200-4000/-. Thereafter a dispute arose as to whether the appellant's payscale should be revised to Rs. 2200-4000/- or it would be the pay-scale of 2000-3500/-. The matter was referred to the Finance Department. Finance Department vide letter dated 27th August, 1990 considering the entry No.7 of Schedule-II appended to Revision of Pay Rules, 1990 (Annexure-A/2) held that the employees whose existing pay-scale was Rs. 1820-3300/- on revision of pay he will be fixed in the pay-scale of Rs. 2000-3500/- and note appended to entry No.7 of of Schedule-II has also to be followed. On the basis of the aforesaid opinion given by the Finance Department vide letter dated 27th August, 1990 the pay-scale of the appellant was reduced to Rs. 2000-3500/- and accordingly his pay was fixed. He challenged the aforesaid order before the writ Court. Learned writ court considering the note appended to Item No.7 of Schedule-II in Annexure-A/2 of the Rule, 1990 held that since the benefit of pay-scale of Rs. 2200-4000/- was payable to the employees holding Class-II (Gazetted) post and whose recruitment was made directly by Public Service Commission, the said pay-scale was wrongly given to the petitioner, hence, the pay-scale was rightly reduced to Rs. 2000-3500/-, against which the appellant has filed this writ appeal.
(3.)We have heard Shri S.C.Sharma, learned counsel for the appellant and Shri Vivek Khedkar, learned Government Advocate for respondents/State at length and perused the record.