A.K.PATNAIK, S.S.JHA, SUBHASH SAMVATSAR
State of M. P. – Appellant
Versus
R. K. Chaturvedi – Respondent
Patnaik, C.J. -- 1. This is a reference made to the Full Bench by a Division Bench of this Court on a question of law on which there appears to he conflicting opinions of two Division Benches of this Court.
2. The facts briefly are that the respondent No.1 was initially appointed as Sub-Engineer in the Water Resources Department of the Government of Madhya Pradesh w.e.f. 24.9.1980. His wife had two children and she went through a family planning operation on 9.6.19X4. Under a circular dated 29.1.1979 of the Government of Madhya Pradesh, General Administrative Department a Government servant who went through family planning operation was to be given two advance increments. Accordingly, by order dated 16.7.1984 of the Executive Engineer, Benganga Project of the Water Resources Department, respondent No. 1 was granted two additional increments w.e.f. 9.6.1984. Thereafter, the pay-scales of Government servants were revised w.e.f 1.1.1986 and the pay of the respondents was fixed in the revised scale of Rs. 2,000-2,900/-. The respondent No.1 entertained a grievance that while fixing his pay in the revised scale of Rs. 2,000-2,900/-, the petitioners have not given him the benefit of t
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