Ishwari Prasad Patidar vs M.P. Welfare Associate and Others

N.K. Mody, J.

Petitioner, who is blind has filed this petition in the year of 1998 with a prayer that the respondents be directed to consider the representation and pay the petitioner his due salary along with other admissible allowances.

Facts of the case are that the petitioner has passed M.A Examinations in Hindi and Philosophy and also completed Diploma in teaching blind Respondent No. 1 is a Society giving education and training to the blind and other handicapped persons of the Society. The said institution gets 75% of grant of aid from the State Government. On 1-7-1971 the petitioner was appointed as Superintendent on a honorarium of Rs. 150/- per month. Petitioner''s pay scale was Rs. 350-550 with effect from, 1-4-1981. Pay scale of the Government servants were made applicable to the employees of Respondent No. 1 with effect from 10-3-1988. The benefit of the said order was not extended to the employees of Respondent No. 1 including the petitioner. Submission of the petitioner is that petitioner was entitled for the pay scale of Rs. 1820-3300 as indicated in Annexure P-5, wherein it is mentioned that the pay scale of Executive Officer, Principal/ Superintendent is Rs. 1820-3300. Learned counsel for the petitioner submits that by Circular dated 10-3-1988, issued by Social Welfare Department of the State Govt., it was made clear that employees of the institution, who are Govt. aided and are involved in Rehabilitation of the Children who are blind, deaf, dump or mentally retarded will be entitled for pay scale as indicated in the Schedule. In the Schedule it is mentioned that Superintendent is entitled for pay scale of Rs. 1820-3300. Learned counsel for the petitioner submits that petitioner was further promoted on the post of Principal vide order dated 1-7-1997 and was duly retired on 30-4-2001. The salary of the petitioner is fixed for the pay scale of Rs. 1290/- which is a salary of Headmaster, Warden and Supervisor.

Respondent No. 1, Institution, under whom the petitioner is working supporting the cause of the petitioner. Learned Govt. Advocate appearing on behalf of Respondents No. 2 and 3 submits that the petitioner is not entitled for the pay scale of Rs. 1820-3300. It was submitted that in the field of development of disabled persons, benefit of pay scale was given to the employees of Non-government institutions. For providing the benefit of pay scale a committee was constituted who found the petitioner eligible for the post of Head (Pradhan Adhyapak). Accordingly the pay scale of (Pradhan Adhyapak) was sanctioned to the petitioner. It is further submitted that after a long delay, the claim of the petitioner for the pay scale of (Pracharya) is not justified.

In the present case relevant Circular is dated 10-3-1988. Representation of the petitioner for claiming the benefit of pay scale of 1820-3300 is dated 7-4-1988 and onwards. No doubt the petition is filed in the year 1988 i.e. after a delay of ten years but it does not mean that only because of delay the right of the petitioner is vanished for all times to come.

Since the petitioner is blind and has dedicated for the institution which is working for the welfare of the blind, therefore, this petition is disposed of with a direction that respondents shall examine the case of the petitioner for entitlement of pay scale Rs. 1820-3300 and if it is found that petitioner is entitled for the same then the benefit should not be refused on the ground that why the petitioner accepted the pay scale of Headmaster as the petitioner has submitted repeated representations. Needful be done within a period of four months. No order as to costs.