Judgment:
chhotelal raikwar versus mpseb and others 1 W.P.No.693/2005 6.11.2012 Shri Vipin Yadav, learned counsel for the petitioner.
Shri Mahendra Pateriya, learned counsel for the respondents.
Petitioner claims benefit of second higher pay scale w.e.f.1991 and it is his contention that it has been granted only w.e.f.5.11.2003 whereas, persons junior to him have been granted the said benefit w.e.f.30th November 1992.
Inter alia contending that petitioner has put in more than 31 years of service and the second higher pay scale after completing 18 years of service is not granted to the petitioner in accordance to rules, this petition has been filed.
Petitioner was appointed as a Security Guard on 18.5.1973.
There is a scheme in the respondents' establishment of grant of higher pay scale after completing 9 yeaRs.18 years and 25 years of service.
Petitioner has been granted the fiRs.higher pay scale after completing 9 years of service and it is a case of the petitioner that he was entitled to the second higher pay scale after completing 18 years of service w.e.f.30.11.92.
Persons similarly situated and working with him have been granted the said benefit and as the benefit is not granted to the petitioner, this writ petition has been filed.
Respondents have filed return and it is pointed out by the respondents that as per the Circular dated 19.7.90 the chhotelal raikwar versus mpseb and others 2 benefit of higher pay scale is to be granted with effect from the date an option is given by the employee concern.
In the case of the petitioner it is stated that petitioner gave his option for grant of second higher pay scale vide Annexure R/ 1 and he sought the benefit w.e.f.5.11.2003 and the same has been granted to him.
Accordingly, respondents contend that option is to the be submitted for claiming higher pay scale and as petitioner is granted the higher pay scale with effect from the date of his option i.e.5.11.2003, there is no illegality in the matter.
Having heard learned counsel for the parties and on perusal of the record it is clear that claiming the benefit of higher pay scale certain procedural formalities have to be completed and one of the formality is to seek an option in accordance to Circular dated 19.7.90 and in the case of the petitioner the option form submitted by him Annexure R/1 indicates that he submitted his option on 5.11.2003 and the same has been granted to him w.e.f.5.11.2003 in accordance to his option.
In the absence of any material to show that any procedure is violated and action taken is not in accordance to law, no interference in the matter is called for.
Accordingly finding no ground to interfere on the grounds raised, this petition is dismissed.
(RAJENDRA MENON) JUDGE Mrs.mishra