IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DEEPAK KHOT

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ON THE 3 OF DECEMBER, 2025 WRIT PETITION No. 8699 of 2021 RAM NARAYAN KACHHI PATEL AND OTHERS Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Ajeet Kumar Singh - Advocate for the petitioner.

Ms.Supriya Singh - G.A. for the respondent/State.

WITH WRIT PETITION No. 22121 of 2019 OMKAR PRASAD PRAJAPATI Versus THE STATE OF M.P. AND OTHERS Appearance:

Shri Ajeet Kumar Singh - Advocate for the petitioner.

Ms.Supriya Singh - G.A. for the respondent/State.

ORDER With the consent of parties, the matter is heard finally.

2. Regard being had to the similitude of the issue involved in both the aforementioned cases, they are being heard and decided by this common order. However, for the sake of convenience, facts of W.P.No.8699/2021 are being taken into consideration.

3. Petitioners have filed this petition under Article 226 of Constitution of India, seeking quashment of the impugned order dated 30.3.2021 and to direct the respondents to grant them benefit of Second and Third Time Scale of Pay from the date they were entitled for receiving said benefits with all consequential benefits.

3. By impugned order dated 30.3.2021, the case of petitioners was considered for grant of benefit of Second and Third Time Scale of Pay in compliance of order dated 1.3.2021 passed in W.P Nos.12642/2020 and

13004/2020 respectively.

4. Facts of the case are that petitioner no.1 was appointed by direct recruitment on post of Mate/Cleaner on 1.9.1989 and petitioner no.2 was appointed on the same post on 30.4.1997. Petitioners were promoted on the post of Halyantra Chalak in scale of Rs.5200-20200+2100/- w.e.f.

11.10.2002 and 30.7.2007 respectively.

5. Learned counsel for the petitioners submitted that petitioners have not been granted benefit of time scale of pay from the date of their initial appointment but similar benefit has been extended to similarly situated employees, therefore, petitioners are also entitled to similar benefits. Non- grant of Second and Third Time Scale of Pay to the petitioners is discriminatory and violative of Articles 14 and 16 of Constitution of India, therefore, the impugned orders may be set aside and petitioners may be granted the said benefit. Learned counsel for the petitioners relied on order dated 15.3.2019 passed in W.P No.10948/2018 (Abhimanu Vyas vs. State of M.P.).

6. Per contra, learned counsel for the respondents/State submitted that benefit of Time Scale of Pay is granted on the post of direct recruitment when the employee has not been given any financial benefits. It is further submitted that the petitioners were promoted on the post of Halyantra Chalak, which is a promotional post for Cadre Cleaner/Mate and not a post of direct recruitment. By virtue of promotion to a class IIII post, the petitioners are fixed at a higher pay-scale of Rs.5200-20200+2100 (Grade pay) than which they would get after grant of benefit of Third Time Scale of Pay i.e. Rs. 5200-20,200+1900/-, therefore, the petitioners who are already promoted after first appointment on the post of Halyantra Chalak, which is a class III post and post of Halyantra Chalak is not post of direct recruitment, therefore, the petitioners are not entitled for grant of Second and Third Time Scale of Pay.

7. Heard learned counsel for the parties and perused the record.

8. The State Government has filed its reply and stated therein that pay scale of Cleaner/Mate is Rs. 4440-7400+1300/-. First time scale of pay after 10 years of service to Mate will be Rs. 4440-7440+1400/-, second time scale of pay will be Rs. 5200-20,200+1800/- and third time scale of pay will be Rs. 5200-20,200+1900/-. It is submitted that petitioners have been promoted to the post of Halyantra Chalak in pay scale of Rs. 5200-20,200+2100/-, therefore, the petitioners are in the pay scale which is higher than the third time scale of pay to be granted to Mate. As per the Rules of the Department, the post of Halyantra