WP 2923.07(s) Writ Petition No.2923 of 2007(s) (Rakesh Kumar Yadav v.
M.P.State Electricity Board and two otheRs.12-02-2013 Shri Piyush Dharmadhikari, learned counsel for the petitioner.
Shri Anoop Nair, learned counsel for the respondents.
Heard.
not grant of promotional higher pay scale of Senior Fire Officer, being the cause, has led the petitioner to file this petition.
Initially appointed as Assistant Fire Officer with effect from 18-09-1987 with the respondent-Board, petitioner was granted higher pay scale (fiRs.option) on completion of nine years of qualifying service with effect from 18-09-1996.
The grant of higher pay scale (fiRs.option) was in consonance to order No.01-05/I/WC/143 dated 19-07-1990 and 01-05/I/WC/145 dated 19-07-1990.
These orders were further amended vide order No.01-13-3676/50 dated 29-09-2003 whereby the decision was taken that an employee/officer in promotional cadres can exercise second option for grant of higher pay scale without getting promotion to the post for which he was granted higher pay scale on his exercising the fiRs.option subject to fulfilling the other condition prescribed for grant of higher pay scale under second option Rules.
Petitioner's option for higher pay scale of Senior WP 2923.07(s) Fire Officer with effect from 18-09-2005 on completion of 18 years was turned down vide communication dated 02-12-2006 on the ground that in Madhya Pradesh State Electricity Board there is no sanctioned post of Senior Fire Officer and as per rule/scheme the higher pay scale can be granted only against the sanctioned posts.
Petitioner questions the decision by respondents on the strength of order dated 14-01-1998 (Annexure-P/6) whereby one post of Fire Officer was upgraded vide sanction order No.01-05/VII/509 dated 20-06-1986 for East Bank Korba.
Reliance is also placed on order No.01-05/III/HPS/37 dated 01-01-1999 whereby Fire Officers were granted higher pay scale of Senior Fire Officer, and the order dated 18-11-2005 (Annexure-P/10).to substantiate the submissions that in Madhya Pradesh State Electricity Board there exist a post of Senior Fire Officer and that the respondents are not justified in denying the higher pay scale of Senior Fire Officer on completion of 18 years of service The respondents have contradicted the claim stating that the post of Senior Fire Officer existed prior to Bifurcation of the Board, which was because of Madhya Pradesh Reorganization Act, 2000, leading to constitution of Chhattisgarh State Electricity Board.
It is contended that the solitary post of Junior Fire Officer was transferred to Korba after bifurcation.
Further relying on clause 13 of the policy dated 19-07-1990, it is contended WP 2923.07(s) that in case where higher post does not exist in the Board, higher pay scale cannot be granted.
By way of Additional Return it is stated on behalf of respondents, that the post of Junior Fire Officer created for East Bank, Korba, in 1998 was retained by CSEB as per Notification No.12/8/20CO-R&R (Vol.V) PLB dated 06-01-2004 issued by the Government of India notifying the retention of post in the geographical location.
It is further contended that it was only after reorganization of structure as apparent by the Board of Directors of Madhya Pradesh Power Generation Company LTD.in its 52nd Meeting dated 03-01-2011 and approved by Energy Department, Government of Madhya Pradesh, letter No.4992/13/2011/ UI/MD dated 09-06-2011 that one post of Senior Fire Officer has been sanctioned for Satpura Power Station.
It is accordingly urged that the petitioner is not entitled for the grant of higher pay scale as claimed.
Considered rival submissions.
Clause (xiii) of the Circular No.01-05/1/WC/143 dated 19-07-1990 stipulates : “The options will be allowed in only such of the cases in which higher grades posts are available for promotion and the employee is eligible for promotion based on educational, professional qualification as prescribed for the promotion posts, by the Board, from time to time.”
In the case at hand the material on record reveals that before bifurcation of Madhya Pradesh State Electricity Board post of Senior Fire Officer was created WP 2923.07(s) in 1998 for East Bank, Korba, and though the same was transferred to Satpura Thermal Power Station in 2002; but with the issuance of notification dated 06-01-2004, the post was relocated to Korba, thus with bifurcation of Madhya Pradesh State Electricity Board there was no post of Senior Fire Officer in Madhya Pradesh State Electricity Board, which was later created in 2011.
In view of these facts the decision taken by respondent declining the claim of petitioner for grant of higher pay scale of Senior Fire Officer with effect from 18-09-2005 cannot be faulted with.
The post of Senior Fire Officer since is created in the year 2011, the petitioner not can lay a claim for higher pay scale, with this liberty to the petitioner, the petition is dismissed as the relief sought for from 18-09-2005 cannot be granted.
No costs.
(SANJAY YADAV) sc JUDGE