The service condition detriment to an employee cannot be applied retrospectively.

A.K. Shrivastava, J.

1. This petition was originally filed by Bharatlal Sahu before this Court on 8-10-1986 and was registered as Miscellaneous Petition No. 8295/86, however, on the formation of Madhya Pradesh State Administrative Tribunal, the petition was transferred and on the abolition of the Tribunal, this petition has been received back to this Court for adjudication.

2. It be seen that original petitioner Bharatlal Sahu is no more in this world to see the fate of his case as he breathed his last long back on 23-11-1992 and the eyes of his legal representatives including his widow, are waiting for the result of this petition.

3. A low paid Government employee like deceased original petitioner Bharat Lal Sahu on the date of the filing of the petition was serving on the post of Laboratory Attendant in Government Higher Secondary School. He was appointed vide Annexure P/l on 6-4-1956 on the said post. The date on which he was appointed on the post of Laboratory Attendant, the minimum educational qualification for recruitment of the said post was VIIIth standard. Since the petitioner did possess the minimum requisite qualification, he was appointed on the said post. According to the petitioner from 1-4-1958 new unified scales of pay came into force and the Laboratory Attendants of Higher Secondary Schools (non-collegiate) were given scale of Rs. 45-100. It be seen that the petitioner was also fixed in the said pay-scale. Thereafter unified pay-scale was again revised by the State Government and all the Laboratory Attendants including the petitioner of Higher Secondary Schools irrespective of their educational qualifications were given a revised pay-scale of Rs. 85-140. The Education Department of State of Madhya Pradesh vide its memorandum dated 1-9-1967 (Annexure P/2) made clarification that the scale of pay of Rs. 85-140 is to be given to all the Laboratory Attendants irrespective of their educational qualifications and/or pre-unified pay scale. In the said memorandum it was also cleared that for the recruitment of the post of Laboratory Attendant minimum educational qualification will be Higher Secondary in future. For better understanding, it would be condign to re-write the said memorandum which reads thus :

Subject: Applicability of Unified and Revised Scales sanctioned for the Lab-Attendants in the institution under non-collegiate branch.

There has been a misunderstanding in giving the benefit of unified and revised scales of pay sanctioned by Government under G.A.D. No. 320/141/IPC dt. 2-8-61 to the Lab. Attendants. It is therefore clarified that all Lab. Attendants sanctioned for the various institutions under the

Non-Collegiate side irrespective of their various pre-unified scales and qualifications, will get the unified and revised pay scales as under with effect from 1-4-1958 and 1-7-1960 respectively :-

(1) Unified scale. --- 45-100

(2) Revised scale --- 85-140

2. Henceforth the appointments on the posts of Lab. Attendants should be made from the Higher Secondary passed candidates.

By order and in the name of Governor of M.P.

Sd/-

V.P. Sheth,

Dy. Secretary to Government of Madhya Pradesh

Education Department

4. By taking the aid of abovesaid memorandum Annexure P/2, it has been contended by Shri Umesh Trivedi, learned counsel for the petitioners that for all purposes, all the Laboratory Attendants of various institutions working under non-collegiate side irrespective of their various pre-unified scales and qualifications were unified in pay-scale of Rs. 45-100 and their pay-scales were further revised to Rs. 85-140/-. The contention of learned counsel for the petitioner is that petitioner served on the post of Laboratory Attendant at several places. He was confirmed on the said post on 1-4-1970 in pay-scale of Rs. 85-140. On the commencement of new pay-scale, commonly known as Pandey Pay Scale came into force from 1-1-1972 and according to the revision of Pay Rules, 1973, the employees serving on the post of Laboratory