Imarat Pal vs State of M.P. and Others

Rajendra Menon, J.—This petition was filed u/s 19 of the Administrative Tribunal''s Act before the State Administrative Tribunal in the year 1998 and after winding up of the Tribunal matter stands transferred to this Court. At the relevant time when the application was filed petitioner had filed the application seeking payment of appropriate pay scale in the category of Electrical Wireman which is kept in the third category. Inter alia contending that during the pendency of this petition two employees similarly situated namely Mohammad Iqbal and Kajal Kumar have been paid salary at Rs. 3050/- per month and similar benefit is not extended, now petitioner seeks for similar benefit as is granted to these employees i.e. Mohd. Iqbal and Kajal Kumar.

Even though by filing return respondents have tried to contend that petitioner is not entitled to the salary sought for but from the LA. No. 12123/2009 filed by the petitioner, it is seen that the benefit of pay in the higher scale at Rs. 3050/- is granted to Mohammad Iqbal and Kajal Kumar and in that view of the matter respondents are liable to decide the claim of the petitioner and decide it after taking note of the benefit granted to these two employees i.e. Mohammad Iqbal and Kajal Kumar and other employees, if any as indicated by the petitioner in LA. No. 12123/2009. In that view of the matter, this petition is disposed of with the following directions:-

On the petitioner''s filing a certified copy of this order, respondents No. 2 and 3 shall examine the case of the petitioner and after evaluating his case in comparison to Shri Mohammad Iqbal and Kajal Kumar and any other employees whose particulars may be submitted by the petitioner, take action for grant of similar benefit to the petitioner. In case respondents considers that the said benefit cannot be extended to the petitioner, communicate the decision to the petitioner. Either way action be taken and final order passed granting equal treatment to the petitioner as has been granted to other similarly situated employees within a period of three months from the date of receipt of certified copy of this order. In case benefit is granted to the petitioner, the same be gravited retrospectively and in case petitioner has retired the consequential benefit of refixation of pension be extended to the petitioner. As indicated herein above action be taken within a period of three months.

Petition stands disposed of with the aforesaid, c.c. as per rules.