The petitioner served as Additional Assistant Engineer under the Narmada Water Resource Department of the State Government, who retired on superannuation with effect from 31st December, 2012.

The petitioner was granted first higher pay-scale from 07th August, 1987 by order dated 08th November, 1993. He became eligible for second higher pay-scale with effect from 07th August, 2002. Petitioner’s case for second higher pay-scale was recommended but ultimately the same was denied on the ground that a major penalty was imposed on the petitioner pursuant to a departmental inquiry.

2. In the context of above basic premise, the petitioner has prayed to grant the second higher payscale and has further prayed to set aside the punishment order dated 15th May, 2013, as a consequence of which the second higher pay-scale came to be denied.

3. It appears that though the Superintending Engineer had recommended for grant of second higher pay-scale to the petitioner, the request was not acceded to by citing Finance Department Resolution dated 31st March, 2005 which provided that if an employee is imposed with a major penalty, no higher pay-scale could be granted. It was by letter dated 07th