The Madhya Pradesh High Court has directed the concerned authority to decide the representation of the petitioner within two months regarding extending the benefit of regular pay scale from the date of initial appointment of the petitioner.
Petitioner Uday Pratap Singh Tomar sought direction to the respondents to extend the benefit of regular pay scale from the date of initial appointment of the petitioner with effect from October 3, 2003 till the issuance of order dated January 2, 2013 with a further direction to the respondents to pay difference of arrears and the same be paid along with interest of 18 percent per annum, in the interest of justice.
It was submitted by Counsel for the petitioner DP Singh that the father of the petitioner – Late Balram Singh Tomar was an employee of the School Education Department, posted as a Music teacher.
He passed away while in service on March 22, 2000 and therefore, the entire family of the deceased was in a harness and considering the familiar liabilities, the petitioner applied for compassionate appointment in view of prevailing policy, which was enforceable at the relevant point of time.
It was submitted that the State Government, through its General Administrative Department, has formulated a policy for compassionate appointment dated May 1, 2000, superseding all earlier policies.
It was further submitted that after completion of entire formalities, the District Education Officer initiated the process to place the matter before the Committee for consideration of the case of the petitioner for compassionate ground.
On the basis of recommendations of the Committee, the petitioner got appointed but fix pay was granted. Other similarly situated persons have been granted benefit of regular pay scale but the petitioner has been discriminated, the Counsel added.
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On the other hand, Counsel for the respondents Deepak Khot submitted that in case the representation is submitted by the petitioner, the same shall be decided within a time limit, as may be fixed by this court.
A Single-Judge Bench of Justice Vishal Mishra, after hearing the submission from both the sides, ordered that this writ petition is disposed of with a direction to the petitioner to submit a fresh representation to the respondents authorities within a period of seven working days along with certified copy of this order.
“In turn, the respondents authorities are directed to consider and decide the same within a period of two months from the date of receipt of certified copy of this order and shall pass a self contained speaking order. The outcome of the decision should be communicated to the petitioners within the aforesaid period,” it added.
Source: ILNS