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RAVI MALIMATH, VISHAL MISHRA
Mannulal Jain – Appellant
Versus
M. P. State Electricity Board – Respondent
ORDER
1. Assailing the order dated 9.1.2007 passed by the learned Single Judge in allowing the Writ Petition No.3461 of 1999, the respondent No.1 therein is in appeal.
2. It is the case of the appellant that he was an employee in the respondent department working on the post of Driver. A post was created of Crane Operator (Plant Assistant Grade-I) in pursuance to the order dated 27.12.1979 in the pay scale of Rs. 425-15-435-18-557-EB-20-679 and the appellant was appointed against the said sanctioned post vide order dated 6.11.1981 under the temporary Work Charge Establishment on a fixed pay of Rs.550/-. His services were subsequently regularized and he was granted a pay scale of Rs.550-822/-. It is the case of the appellant that he was already working as a Crane Operator since his induction in service as a regular driver on 11.3.1976. The services are governed by Madhya Pradesh Industrial Relations Act, 1960 (for short “ the MPIR Act”) and also by Madhya Pradesh Electricity Board Regulation for revision of pay scale for Class-III and IV employees. It is his case that pay scale of Crane Operator was Rs.665-20-745-20-883-EB-25-1008 w.e.f 1.4.1980. The same was revised w.e.f 1.4.1984 fr
The main legal point established in the judgment is that the error in fixation of pay is to be corrected right from the III Pay Commission fixation and the petitioners are to be promoted to the highe....
Seniority-based pay scale classification for same post is rational and not violative of equal pay; recovery impermissible for Group C employees after 5 years.
Employees are entitled to a higher pay scale after 15 years of service based on government resolutions, irrespective of specific qualifications.
The central legal point established in the judgment is the correct interpretation of the designation and pay scale of the respondent in the context of the restructuring of the EDP cadre.
Entitlement to a revision of pay is subject to fulfilling performance targets as specified in relevant orders.
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