High CourtsSingle Bench(2018) 09 MP CK 0016

Anant Kumar Chaturvedi vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 5 September 2018

HON’BLE JUDGES
Nandita Dubey, J
CASE NUMBER
Writ Pittion No. 19063 Of 2018

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Judgment

9 paragraphs · 304 words

Issue notice to the respondents on payment of process fee within seven days by ordinary mode as well as by registered A.D. mode, returnable within three weeks.

Counsel for the petitioners submits that the matter is similar to the Writ Petition No.9845/2018 wherein a Co-ordinate Bench of this Court has passed an order on 3-5-2018 which reads as under:

"Issue notice to the respondents on payment of process fees within three working days by registered AD, returnable within four weeks.

In various writ petitions which includes W.P. Nos.14611/2017, 14713/2017, 3367/2018, 3426/2018 and 22136/2017, interim order has been passed by this Court observing that the conditions as enumerated in the circular Annexure-P/8 are adversely affecting the petitioners in the matter of fixation of salary of the Sixth Pay Commission w.e.f. 01-01-2016.

However, this Court has directed that fixation of salary may be made in accordance with rules of Madhya Pradesh Panchayat Adhyapak Samvarg (Employment and Conditions of Service) Rules, 2008 and the circular dated 7-7-2017 shall not be made applicable reducing the salary without leave of this Court. The said order would remain in operation in this case staying the operation of the impugned order Annexure-P/8."

In view of the aforesaid order, it is directed that fixation of the salary may be made in accordance with rules of the Madhya Pradesh Panchayat Adhyapak Samwarg (Employment and Condition of Service) Rules, 2008 and the circular dated 7-7-2017 shall not be made applicable reducing the salary without leave of this Court. The said order would remain in operation in this case staying the operation of the impugned orders, Annexure-P/8 and Annexure-P/9.

List along with W.P. No.3760/2018, W.P. No.3425/2018, W.P. No.9845/2018 and W.P. No.10970/2017 for analogous hearing.

In the meanwhile, the respondents, who have not filed the return, are directed to file the return.

C.c. as per rules.