Judgment :-

H.L. Dattu, J.

Delay condoned. Leave granted.

1) The present batch of appeals, by way of special leave, arises out of a common Order dated 11.02.2010 passed by the Madhya Pradesh High Court and raises an identical question of law and facts for our consideration and decision. They are, therefore, being heard together and disposed of by this common Judgment and Order.

2) The common issue before us, in these appeals, can be summarized thus: Whether the Assistant Professors appointed through different means, modes and sources including emergency appointees in terms of Rule 13(5) of the Madhya Pradesh Educational Service (Collegiate Branch) Recruitment Rules, 1967 are entitled to claim the benefit of the services rendered by them prior to their regularization for grant of senior/selection grade pay scales.

3) All these appeals are directed against the common Order dated 11.02.2010 of the High Court of Madhya Pradesh in Writ Appeal No. 599 of 2008 and other connected matters, whereby the writ appeals, filed by the appellants challenging the grant of senior scale/selection grade benefit to the respondents, by counting their period of service rendered as emergency appointees, were dismissed.

4) All the matters pertain to grant of senior/selection grade pay scales and for the sake of convenience, we may note such facts as emerging from record of the Special Leave Petition (C) No.16906 of 2010. The respondent was appointed on the post of Assistant Professor on emergency basis vide Appointment Order dated 14.12.1987 under Rule 13(5) of Recruitment Rules, 1967 with an express condition of immediate termination of his emergency appointment, without notice, on the availability of Public Service Commission's panel of selected candidates. Subsequently, the respondent had cleared Public Service Commission Examination and consequently, as per the condition of his appointment order, his services were regularized vide Order dated 02.09.1993 under M.P. Educational Service (Collegiate branch) Recruitment Rules, 1990 (hereinafter referred to as

"Recruitment Rules, 1990"). In the meantime, the State Government had issued a Circular dated 12.02.1992 for addition of period of service rendered by teachers, prior to their service in the present College or University as Assistant Professor for conferring the benefit of senior/selection grade pay scale but subject to certain conditions. The respondent had made several representations to the State Government for counting his period of service as emergency appointee for determination of benefit of the senior/selection grade pay scale, but the same were not replied. Subsequently, the State Government issued another Circular dated 11.10.1999 for revision of the pay scale which provides for the grant of benefit of senior grade pay scale after rendering minimum 6 years of service period and further 5 years of service period in senior grade as essential requirement for placement in selection grade pay scale as per clause 8 (a) of the said Circular. The respondent, being aggrieved by not counting of his period of service rendered as an emergency appointee on the post of Assistant Professor by the State Government for the purpose of granting higher pay scale, had filed a Writ Petition before the High Court of Madhya Pradesh, inter-alia seeking an appropriate Writ and other consequential reliefs. The same came to be allowed vide Judgment and Order dated 15.01.2009. Aggrieved by the same, the State Government preferred a Writ Appeal before the High Court. The High Court, vide its impugned common Order dated 11.02.2010, dismissed the Writ Appeal and directed the State Government to count the period of service rendered by the respondent on emergency appointment for granting the benefit of the senior/selection grade pay scales. Being aggrieved, the State Government is before us in this appeal.

5) The learned single Judge of the High Court, vide its Order dated 15.01.2009, observed that in view of series o