IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI

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ON THE 10 OF FEBRUARY, 2026 WRIT PETITION No. 16149 of 2025 DEVENDRA SHARMA Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri D.P. Singh - learned counsel for the petitioner.

Ms. Monika Mishra- learned Government Advocate for the respondents/State.

ORDER

1. The petitioner has filed this petition challenging the order dated

19/03/2025 (Annexure- P/1), whereby his claim for grant of benefit of third time pay scale w.e.f. January' 2025 has been rejected by respondent no.4. He has also prayed for a direction to the respondents to extend the benefit of third time pay scale from the date he completed 30 years of service.

2. The facts necessary for decision of this case are that the petitioner was initially appointed on a Class-IV post of Peon in the Animal Husbandry and Dairying Department on 13/01/1995. It is not in dispute that on completion of 10 years of service, he was given first time pay scale in the pay band of Rs.4440-7440 + 1400 GP w.e.f. 01/04/2007 vide order dated 01/01/2011 (Annexure P/3). Thereafter, the petitioner was given benefit of second time scale of pay on completion of 20 years of service in the pay band of Rs.5200-20200 + 1800 GP w.e.f. 14/01/2015 vide order dated

24/02/2015 (Annexure- P/4).

3. The petitioner was then granted promotion on the post of Assistant Veterinary Field Officer (AVFO), a Class-III post, vide order dated 07/08/2019 (Annexure-P/2). He was granted pay band of Rs.5200-20200 + 2400 Grade Pay of the promoted post. On promotion, the petitioner was posted in Veterinary Hospital Veera Development Block, Pichhore, District- Shivpuri (M.P.). He was, thereafter, transferred and posted in the office of the Deputy Director, Veterinary Department, Gwalior.

4. The petitioner claims that since he has completed 30 years of service w.e.f. 13/01/1995, he is entitled to get benefit of third time pay scale from January' 2025 as per circular dated 30/09/2014. Claiming the said benefit, he submitted representation before the respondent authority and when the same was not considered, a complaint was lodged at CM Helpline portal. Thereafter, the claim of the petitioner was considered by respondent no.4 and vide order dated 19/03/2025 (Annexure-P/1), the same has been rejected on the ground that he has been promoted on the post of AVFO on 07/08/2019 and thus, has completed only five years and five months service which is not sufficient for grant of benefit of third time pay scale.

Challenging this order, the petitioner has filed this writ petition.

5. Learned counsel for the petitioner argued that the benefit of third time pay scale is payable by virtue of circular dated 30/09/2014. Referring to clause 2 of the said circular, learned counsel submitted that on completion of 30 years of service from the initial date of appointment, an incumbent is entitled to get benefit of third time pay scale. The said circular does not provide for any restriction on the benefit to an employee who has been promoted in between. It is his submission that the petitioner has been given promotion in the pay band of Rs.5200-20200+2400 GP which the petitioner was already getting by virtue of second time scale of pay. He, thus, submitted that there is no hike in his salary and accordingly, the petitioner is entitled to get up-gradation of pay under the circular dated 30/09/2014. Learned counsel, thus, prayed for setting-aside of the impugned order and for issuance of direction to the respondents to grant him the said benefit.

6. On the other hand, learned Government Advocate for the respondents/State denied the claim made by the petitioner. She submitted that benefit of Kramonnati/time scale of pay is payable in order to avoid stagnation of an employee in the service. It is her submission that since the petitioner has been given the promotion on the post of AVFO on 07/08/2019, he is not entitled to benefit of third time pay scale only on completi