ORDER

1. Since pleadings are complete and learned counsel for the parties are ready to argue the matter, therefore, it is heard finally.

2. By the instant petition filed under Article 226 of the Constitution of India, the petitioner is claiming following relief(s):-

“(1) Quashed the impugned order dt. 15.7.2019 (Annexure P/1) so far it relates to the petitioner and the impugned order dt,. 18.7.2012 (Annexure P/2) in the interest of justice, with direction to the respondents to pay the regular pay scale to the petitioner after completing 3 years of service i.e. since 30.6.1996 with 12% interest.

(2) That this Hon’ble Court further pleased to grant the petitioner all the consequential benefits such as arrears of salary, benefit of kramonnati, time pay scale, benefit of 120 earned leave, increments etc. in the interest of justice.

(3) That, Hon’ble High Court may kindly further be pleased to grant any other relief to the petitioner looking to the facts and circumstances of the case in the interest of justice.”

3. In order to appreciate the grievance of the petitioner, relevant facts, which lie in a narrow compass need mention infra:-

(3.1) That the petitioner was initially appointed vide order dated 30.6.1993(Annexure-P/3) on the vacant post of Chowkidar in the contingency paid establishment on a fixed pay-scale as has been determined by the Collector on monthly basis.

(3.2) Subsequently, the State Government vide circulars dated 15.12.1992 and 7.10.1994 (jointly filed as Annexure-P/4) issued instructions for implementing the revised pay-scale to the employees who were appointed on a fixed pay as determined by the Collector on monthly basis and completed three years period of service continuously. (3.3) As per the petitioner, before the-then State Administrative Tribunal (SAT) Bench at Indore, one of the similarly situated employees appointed as a Peon on contingency basis, filed an application registered as O.A. No.128/1999 [Smt. Savitri Bai v. The State of Madhya Pradesh and others], which vide order dated 10.08.1999 (Annexure-P/5) got allowed directing the respondents to consider the case of petitioner therein for grant of regular pay-scale after completing the period of three years by her. Following the order passed in the case of Smt. Savitri Bai (supra), one of the similarly situated persons filed a petition i.e. W.P. No.4389/2003 [Ghanshyam Tiwari and others v. State of MP] before Indore Bench of this Court which got disposed of vide order dated 29.10.2003 directing the respondents therein to consider the case of the employees for grant of regular pay-scale. Against the order passed in the aforesaid petition, an SLP was preferred before the Supreme Court, which got dismissed vide order dated 24.2.2006 (Annexure-P/7).

(3.4) Thereafter, Indore Bench of this Court in W.P. No.7018/2003 [Sushil Kumar and others v. State of MP and others] vide order dated 23.8.2004 (Anexure-P/8) while considering the case of other similarly situated employees, who were appointed in the contingency establishment and after completion of three years of their services were claiming regular pay-scale, has observed that salary of the petitioners therein be re-fixed granting them a pay-scale which was prevalent for the post of Peon on the work charged and contingency establishment.

(3.5) The present petitioner had been making several representations time and again, but when nothing was done, then he along with other nine persons preferred a petition before this Court i.e. W.P. No.7507/2011(S) which got disposed of vide order dated 9.5.2011 (Annexure-P/9) directing the respondents to consider the claim of the petitioners in light of the order passed by Indore Bench of this Court in W.P. Nos.4389/2003 and 7018/2003. Though, the said order of the High Court got reviewed vide order dated 20.5.2011 in R.P. No.247/2011, but when no compliance whereof was made then a contempt petition i.e. Conc No.751/2012 was filed before this Court which got disposed of in pursuan