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2022 Supreme(SC) 1480

INDIRA BANERJEE, C. T. RAVIKUMAR
State of Madhya Pradesh Through Principal Secretary – Appellant
Versus
Seema Sharma – Respondent


Advocates appeared:
Mr. Mrinal Gopal Elker, Advocate, Mr. Saurabh Mishra, AAG, Mr. Sunny Choudhary, Advocate, Mr. Aakash Nandolia, Advocate, For the Appellant / Mr. N.K. Mody, Sr. Advocate, Ms. Ashima Gupta, Advocate, Mr. Prabudha Singh, Advocate, Mr. Pareek, Advocate, Mr. Praveen Swarup, Advocate, Mr. Subash Samvatsar, Sr. Advocate, Mr. Nitin S. Tambwekar, Advocate, Mr. Seshatalpa Sai Bandaru, Advocate, Mr. Sumeet Samnatsar, Advocate, Mr. Kaustubh Fadnis, Advocate, Mr. Seshatalpa Sai Bandaru, Advocate, For the Respondent.

JUDGMENT

Indira Banerjee, J. - Leave granted.

This appeal is against a judgment and order dated 10.08.2016 passed by the Division Bench of the High Court of Madhya Pradesh (Indore Bench) dismissing Writ Appeal No. 301/2016 and upholding the order dated 09.02.2016 passed by the Single Bench allowing Writ Petition No. 14027/2010 filed by the respondent and directing the Appellants to grant the Respondent-Writ Petitioner the benefit of the University Grants Commission scale of pay from the date of her initial appointment.

2. By an order No./EXT/91 Order No.480 dated 27.03.1991, the Respondent was appointed to the post of Librarian-cum-Museum Assistant, Government Dhanvantri Ayurvedic College, Ujjain, in the pay scale of Rs. 950-25-1000-30-1210-40-1530 along with prevailing dearness allowance from the date of joining. The basic pay of the Respondent-Writ Petitioner was fixed at Rs.950/-.

3. The Respondent-Writ Petitioner was appointed on probation for a period of one year. The respondent successfully completed her probation and was duly confirmed in service.

4. After completion of 8 years of service, the Respondent-Writ Petitioner claimed the UGC scale of pay as paid to the persons in the

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