Dr. J.L. Gupta vs State of M.P. and Others

Sujoy Paul, J.—In these petitions the petitioners have prayed for grant of senior pay scale and selection grade from the date of their entitlement by taking into account the services rendered by them as emergency appointee. Arrears, salary and interest are also prayed for on the basis of aforesaid relief. Shri Mishra, at the outset, relied on the judgment delivered by the Principal Seat in Dr. Ramesh Chandra Dixit Vs. The State of Madhya Pradesh, . He submits that the said judgment was put to test before the Division Bench in WA No. 655/12 State of M.P. and another Vs. Dr. Ramesh Chandra Dixit and W.A. No. 688/2012 (State of M.P. & Others Vs. Dr. Umesh Kumar Dubey). The Division Bench affirmed the order passed by the learned Single Judge and petitioners being similarly situated are entitled to get the same benefits.

Shri Praveen Newaskar submits that in WP No. 7655/2010 notices have not been issued and reply has not been filed.

Considering the aforesaid, the petitioners may prefer separate representations which will be decided in the light of law laid down by the Principal Seat in the aforesaid matters. On legal aspects he admits that cases of emergency appointee are covered by recent judgment in Ramesh Chandra (supra). Thus, there is a consensus between the parties only on the legal question involved in the petitions. Accordingly, these petitions are disposed of with the direction to petitioners to prefer separate representations before respondents No. 1 & 2. In turn, the said respondents shall consider the representations of the petitioners in the light of Ramesh Chandra and Dr. Umesh Kumar (supra). If the petitioners are found similarly situated, respondents shall consider and apply the principle of parity in their favour and shall grant similar benefits which were granted to their counterparts in the Ramesh Chandra (supra). The aforesaid exercise of deciding the representations shall be completed within 90 days from the date of production of certified copy of this order. If petitioners are found entitled by the authorities for desired benefits, same shall be extended to them within aforesaid time. Petitions are disposed of.