ORDER :

1. Proceedings of this matter have been taken-up through video conferencing.

2. The petitioner has called in question the notification dated 11-6-2007 (Annexure P-2) by which the benefit of Kramonnati has been extended to the Work-charged and Contingent Service employees with effect from 1-4-2007 branding the same as arbitrary, illegal and discriminatory and seeks modification making it applicable to him at par with regular employees.

3. The petitioner herein joined as Progressman in the Water Resources Department on 16-6-1980 in the pay-scale of Rs.45-120/- which has been revised under pay revisions finally to Rs.2,750-4,400/-. It is the case of the petitioner that during 28 years of his service he has not been granted promotion / up-gradation and therefore as per the recommendations of the Fifty Pay Commission, the then undivided State of Madhya Pradesh introduced ACP (Kramonnati Scheme) for its employees vide circular dated 17-3-1999/19-4-1999 and according to these circulars, the petitioner is entitled to get first Kramonnati in the higher pay scale of Rs.3,050-4,590/- on completion of 12 years of service with effect from 16-6-1992 or at least from 19-4-1999 and second Kramonnati in the subsequent higher pay scale of Rs.3,500-5,200/- on completion of 24 years of service i.e. with effect from 16-6-2004, but the Government has taken a decision vide circular Annexure P-2 to extend the said benefit with effect from 1-4-2007. It is the further case of the petitioner that he had earlier filed W.P.(S) No.4357/2008 and this Court by order dated 8-8-2008 has directed to make representation which the petitioner has made and which has been rejected by order dated 20-1-2009 (Annexure P-6) leading to filing of this writ petition.

4. Return has been filed stating inter alia that the petitioner has been given the benefit of Kramonnati under the Scheme of Work-charged and Contingent Paid Establishment Employee pursuant to the policy decision of the State Government dated 11-6-2007 (Annexure P-2) with effect from 1-4-2007 and the petitioner’s pay scale has been revised as Rs.3,500-5,200/- from the pay scale of Rs.2,750-4,400/- and fixed in the pay of Rs.4,060/- by order dated 9-5-2008. It has also been submitted by way of additional return filed on 4-7-2017 that by order dated 18-4-2007, the benefit of Kramonnati was granted to some of the Data Assistants, however, same has been withdrawn by order dated 15-6-2009 and it has also been pleaded that it has been extended to the Drivers working under the Government for the reason that there is no promotional channel for Drivers, as such, the writ petition deserves to be dismissed.

5. Mr. B.P. Rao, learned counsel appearing for the petitioner, would submit that the petitioner is entitled for the benefit of Kramonnati with effect from 19-4-1999 as it has been given to the Data Assistants who have joined the service in the year 1980 vide order dated 18-4-2007 (Annexure P-12), as such, the petitioner is entitled for the benefit of first Kramonnati with effect from 16-6-1992 and second Kramonnati from 16-6-2004. He relied upon the order passed by this Court in the matter of S.G. Goswami and others v. State of Chhattisgarh and others, W.P.(S) No.3079/2009, decided on 23-10-2009, the decision of the Supreme Court in the matter of State of Tripura and others v. K.K. Roy, (2004) 9 SCC 65, and the orders passed by the M.P. High Court in the matters of Pooralal Singhal and others v. State of Madhya Pradesh and others, W.P.No.8247/2016, decided on 11-7-2018, Gendalal and others v. The State of Madhya Pradesh and others, W.P.No.461/2018, decided on 16-5-2018 and Suresh Kumar Tiwari v. The State of Madhya Pradesh, W.P.No.9083/2017, decided on 14-3-2019.

6. Mr. Ravi Kumar Bhagat, learned State counsel, would submit that the circular dated 16-4-2008 by which the benefit of Kramonnati has been given to the Work-charged and Contingent Paid Establishment Employees from 1-4-2007 is strictly in accordance with la