IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA

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ON THE 24 OF SEPTEMBER, 2024 WRIT PETITION No. 11771 of 2020 DR. RAJESH KOTHARI Versus URBAN ADMINISTRATION AND HOUSING DEPARTMENT AND OTHERS Appearance:

Shri L. C. Patne, learned counsel for the petitioner.

Shri Shashank Sharma, learned Panel Lawyer for respondent No.1/State.

Shri Aniket Naik, learned counsel for the respondents No.2 & 3.

ORDER The present petition is filed under Article 226 of the Constitution of India, challenging the order dated 11.07.2019 issued by Respondent No. 3, which rejected the petitioner's claim for the grant of the second 'Kramonnati' in the pay scale of Rs. 14,000-18,300 (revised to Rs. 37,400-67,000 + 8700/- w.e.f. 1.1.2006) after 24 years of service, w.e.f. 7.4.2010, on the ground of the pendency of a criminal case. The petitioner has further sought a direction to the respondents to grant the benefit of the second 'Kramonnati' in the pay scale of Rs. 14,000-18,300 (revised to Rs. 37,400-67,000 + AGP 8700 w.e.f. 1.1.2006) after the completion of 24 years of service, i.e., w.e.f. 7.4.2010, and to refix and revise the petitioner's pay as per the provisions of the M.P. Revision of Pay Rules, 2017 in Level 15 w.e.f. 1.1.2016. The petitioner also seeks the recalculation of full pension, gratuity, leave encashment, and other admissible retiral dues based on the last drawn salary, as well as the release of arrears with interest @12% p.a.

2. Draped in brevity, the facts of the case are that the petitioner was initially appointed to the post of Assistant Health Officer on 7.4.1986 in the then regular pay scale of Rs. 1370-2100/- (revised to Rs. 2600-4200/- and further to Rs. 3000-4500/-) in the service of Respondent No. 3, Municipal Corporation at Indore. In due course, the petitioner's designation was changed to Health Officer in 2001. The petitioner was granted the benefit of the 1st 'Kramonnati' after completing 12 years of service in the then regular pay scale of Rs. 10650-15850/- w.e.f. 1.9.2001 (which was subsequently changed to Rs. 12000-16500/- in 2006), and his pay was fixed at Rs. 13,565/- as of 1.9.2001, with the next increment dated 1.4.2002, when his pay was fixed at Rs. 13,900/-. The petitioner’s pay was further revised to Rs. 15,600-39,100/- + 6600/- under the provisions of the M.P. Revision of Pay Rules, 2009, and was fixed at Rs. 34,270/- w.e.f. 1.1.2006, with the next increment at Rs. 35,370/- w.e.f. 1.7.2006. The petitioner submits that, in accordance with the Circular dated 19.4.1999, read with the Circular dated 3.5.2000/17.5.2000 issued by the State Government, he was entitled to the benefit of the 2nd 'Kramonnati' after completing 24 years of service in the then regular pay scale of Rs. 4000-18,300/-, as was granted to two other similarly situated Health Officers, namely Dr. D.C. Garg and Dr. K.S. Verma, by Respondents No. 2 and 3, as evidenced by the copies of Resolution No. 584 dated 31.8.2013, passed by Respondent No. 2, and the consequential order dated 4.3.2014, issued by Respondent No. 3. The petitioner further submits that while serving as Health Officer in Indore Municipal Corporation, Indore, he was falsely implicated in a criminal case pertaining to disproportionate assets at the instance of his daughter-in-law, who was in a strained marital relationship with his son, with divorce proceedings pending before the Court of Law. The Lokayukt registered an FIR dated 16.7.2011 at Crime No. 77/2011 with the Special Police Establishment, Lokayukt, Bhopal, under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988, against the petitioner. On account of the mere registration of the aforesaid criminal case, the petitioner has not been granted the benefit of the 2nd 'Kramonnati' after completing 24 years of service, despite submitting several representations over time. The petitioner retired from the post of Health Officer while on deputation to Dewas Municipal Corporation upo