Jyoti Nema vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-JBP:66385
1 WP-14411-2020
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA,
ACTING CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE PRADEEP MITTAL
WRIT PETITION No. 14411 of 2020
RAHUL SINGH KACHHWAH AND OTHERS AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Vijay Kumar Shukla - Advocate for the petitioners.
Shri Bramhadatt Singh- Additional Advocate General for
respondent/State.
WITH
WRIT PETITION No. 25316 of 2025
SHARAD KUMAR AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Kailash Chandra Ghildiyal Senior Advocate with Ms. Warija
Ghildiyal- Advocate for the petitioners.
Shri Bramhadatt Singh- Additional Advocate General for respondent/State
WRIT PETITION No. 50654 of 2025
ANAND KUMAR MISHRA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 08-09-2026
16:45:13

NEUTRAL CITATION NO. 2026:MPHC-JBP:66385
2 WP-14411-2020
Shri Rahul Diwaker- Advocate, Shri Aman Pandey- Advocate, and Shri

Shubham Rai- Advocate for the petitioner.
S h r i Bramhadatt Singh- Additional Advocate General for
respondent/State
WRIT PETITION No. 1470 of 2026
RAMNARESH GAYDHANE AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ishan Soni- Advocate for the petitioners.
S h r i Bramhadatt Singh- Additional Advocate General for
respondent/State
WRIT PETITION No. 1897 of 2026
WILSON SAI RAHANGDALE AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Sitendra Kumar Vishwakarma- Advocate for petitioners.
S h r i Bramhadatt Singh- Additional Advocate General for
respondent/State
WRIT PETITION No. 2848 of 2026
MANISHA AHIRWAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ishan Soni- Advocate for the petitioner.
S h r i Bramhadatt Singh- Additional Advocate General for
respondent/State
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 08-09-2026
16:45:13

NEUTRAL CITATION NO. 2026:MPHC-JBP:66385
3 WP-14411-2020
WRIT PETITION No. 2862 of 2026

BHUPENDRA PAWAR AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ishan Soni- Advocate for petitioners.
S h r i Bramhadatt Singh- Additional Advocate General for
respondent/State
WRIT PETITION No. 3326 of 2026
CHETAN PATHAK AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ishan Soni- Advocate for petitioners.
S h r i Bramhadatt Singh- Additional Advocate General for
respondent/State
WRIT PETITION No. 3359 of 2026
MANISH INVATI AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Amit Shukla - Advocate and Shri Sitendra Kumar Vishwakarma-
Advocate for petitioners.
S h r i Bramhadatt Singh- Additional Advocate General for
respondent/State
WRIT PETITION No. 3761 of 2026
JITENDRA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 08-09-2026
16:45:13

NEUTRAL CITATION NO. 2026:MPHC-JBP:66385
4 WP-14411-2020
Appearance:

Shri Ishan Soni- Advocate for petitioners.
S h r i Bramhadatt Singh- Additional Advocate General for
respondent/State
WRIT PETITION No. 4772 of 2026
HEMANT HELONDE AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Anshul Tiwari - Advocate and Shri Abhishek Pandey- Advocate for
petitioners.
S h r i Bramhadatt Singh- Additional Advocate General for
respondent/State
WRIT PETITION No. 24056 of 2026
JYOTI NEMA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rahul Diwaker- Advocate for the petitioners.
S h r i Bramhadatt Singh- Additional Advocate General for
respondent/State
Reserved on 13.08.2026
Pronounced on 08.09.2026
ORDER
Per: Vivek Rusia, Acting Chief Justice
Since the issue involved in these Writ Petitions is common; thus, they
are being decided by this common order. Since, the reply has been filed by
the respondent/State in W.P No. 14411/2020, the facts are taken from W.P
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 08-09-2026
16:45:13

NEUTRAL CITATION NO. 2026:MPHC-JBP:66385
5 WP-14411-2020
No. 14411/2020 to decide the controversy involved herein.

2. The facts of the case in short are as under:-
(i) The petitioners are challenging the notification/circular dated
26.12.2019 (Annexure P-1), whereby the respondents have amended the
condition of Pay Scale during Probation Period and extended the time of the
probation period after implementation of the advertisement and notification
dated 30.07.2018 (Annexure P-3). As per Rule 13 of the notification dated
30.07.2018, the condition of Pay Scale during the probation period was
prescribed as "minimum of the pay scale" and the time period of probation
was two years.
(ii) That in W.P No. 12125/2021 (Wasim Akram & others Vs. State of
M.P & others) and connected petitions vide order dated 06.01.2026, this
Court allowed the aforesaid writ petitions, wherein the petitioners have
challenged orders whereby the recovery has been started from the monthly
salary in compliance of the circular issued by the General Administration
Department of the State Government dated 12.12.2019.
According to the aforesaid circular, these petitioners have been held entitled
to get 70%, 80% and 90% of the minimum pay scale of the post in question
during their first, second and third years of probation, respectively.
The aforesaid circular came up for consideration before the Coordinate
Bench of this Court in the case of The State of Madhya Pradesh and Others
Vs. Dilliraj Bhilala, passed in W.A. No.1498/2024 dated 28.04.2025. This
Court has virtually struck down the aforesaid circular as no logic was found
behind the grant of reduced salary in three slabs during the probation period
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 08-09-2026
16:45:13

NEUTRAL CITATION NO. 2026:MPHC-JBP:66385
6 WP-14411-2020
of three years, when the regular work was taken from these employees. Later

on, the aforesaid order has been followed in the case of Indore Municipal
Corporation Vs. Vinita Tiwari and Others, passed in W.A. No.2977/2025
dated 31.10.2025 by dismissing the writ appeal. The relevant paragraph is
reproduced below:-
"In view of the above, all the writ petitions succeed, and the impugned
order as well as the recovery are both quashed. Any amount recovered
from the petitioners be returned to them, and petitioners who did not
get 100% salary during the probation periods shall be paid 100%
salary for that period. "
3. So far constitutional validity of amendment brought in Fundamental
Rules vide Gazette notification dated 22.02.2020 (Annexure R-6) by way of
substitution of Sub-Rule (1) of Rule 22(c) that the selected candidate through
MP PSC will get minimum of pay scale during probation period and service
in which the MP PSC does not give recommendation those selected
government employee shall be kept in 3 years probation and shall get stipend
during three years of probation @ 70%, 80% and 90% of minimum pay
scale for 1st, 2nd and 3rd years respectively and during probation period
along with stipend, they would get other allowances as government
employee.
4. Similar arrangement was made by way of circular dated 12.12.2019
(Annexure R-5) issued by General Administration Department (GAD) in
respect of appointment of Class-III and IV employees under Rule 8(1) of
M.P Civil Services (General Service Conditions) Rules, 1961. The
respondents have filed a preci of minutes of Council of Ministers circulated
vide memo dated 25th November, 2019 (Annexure R-4), wherein decision
was taken that appointment by way of direct recruitment shall be kept for 3
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 08-09-2026
16:45:13

NEUTRAL CITATION NO. 2026:MPHC-JBP:66385
7 WP-14411-2020
years on probation and during three years they would get @ 70%, 80% and

90% of minimum pay scale for 1st, 2nd and 3rd years respectively along
with other allowances. The Finance Department was authorised to make
amendments to the Fundamental Rules. Concerned Departments were also
authorised to make amendments in respective departmental recruitment
rules. After the aforesaid circular, in all recruitments in the State
Government, District Court Establishment, High Court Establishment etc,
the appointees were kept on probation for a period of 3 years on stipend @
70%, 80% and 90% of minimum pay scale for 1st, 2nd and 3rd years
respectively. In compliance of the decision taken by the Ministers of
Council, most of the Departments have amended their recruitment rules by
incorporating payment of stipend during the probation period @ 70%, 80%
and 90% of minimum pay scale for 1st, 2nd and 3rd years, respectively. The
basis of the decision taken by the Ministers of Council is reproduced below:-
"7. 7.50 ( )
शासन के अंतग त लगभग लाख िश क संवग  स हत शासक य सेवक है जनके
60 , 4.50
लगभग ितशत पद सीधी भत  के ह गे अथा त लाख । य "#प कसी एक #व%ीय वष 
3.5
म ( सीधी भरती से िनयु #+ का आकलन क ठन है पर .तु लगभग ितशत क  सेवािनवृ #%
15750
के मान से एक वष  म ( लगभग सीधी भरती के पद 0र+ होग ( ।
8. ( )
यह सव मा.य िस 2ांत है क कसी भी सं 3थान म ( शासक य अथवा शासक य से िभ .न
, ,
िनधा 0रत समयाविध म ( य द कसी िशण #वभागीय पर 5ा उ %ीण करने सेवा क 

यो 7यता के िलये अ .य मापद 8ड को पूण  करने आ द क  आव ;यकता रहने पर संबंिधत =ारा

ऐसी अविध म ( अपना बेहतर देने का यास कया जाता है ता क उस पद पर वह िनयिमत
-
िनयु #+ ा? कर सके। ारंिभक दो तीन वष  क  अविध म ( संबंिधत का यह यास उसे
,
सेवाओं के ित अनुशािसत व गंभीर बनाता है तथा इस अविध का प 0रBम िन Cा काय 

सीखने व समझने क  इ Eछा आ द उसक  वृ#% बन जाती है जो आगे क  द 5घकािलक

सेवाओं म ( िनर .तर रहने पर शासन के िलये लाभकार 5 हो जाती है। एक अ EछH बुिनयाद से
"
शासन को बेहतर लोक सेवक ा? हो सकने क  संभावनाये अिधक होगी।
5. The aforesaid decision does not justify the grant of reduced pay
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 08-09-2026
16:45:13

NEUTRAL CITATION NO. 2026:MPHC-JBP:66385
8 WP-14411-2020
scale during the probation period to the duly selected candidate against the

vacant post. The aforesaid decision is contrary to the principles of natural
justice that when 100% work is being taken from an employee, then why
should 100% salary not be paid. The candidate is appointed under
recruitment Rules after following due process and fulfilling all eligibility
criteria; then he is entitled to 100% salary as per the pay scale prescribed for
the post. During the probation period also, he is required to perform his
duties along with a regular confirmed employee. Keeping an employee on
probation initially for 2-3 years is justified in order to evaluate his work for
the purpose of confirmation, but payment of @ 70%, 80% and 90% of the
minimum pay scale for 1st, 2nd and 3rd years respectively during the
probation period is not at all justified, only in respect of Class-III and Class-
IV employees. Such a harsh condition is not applicable for
recruitment/appointment to the Class-I and Class-II Officers. The Class-I and
Class-II Officers are appointed through MPPSC subject to fulfilling their
educational qualification. Likewise, Class-III and Class-IV Officers are
appointed by the Employee Selection Board subject to fulfilling their
educational qualification for the post in question. Why are two categories
being created during their probation period in terms of payment of their
salary? In order to get confirmation on the post in future, certainly the
employee gives his best performance to the best of his ability. If 100% work
is being taken from them, then there cannot be justification for payment @
70%, 80% and 90% of minimum pay scale for 1st, 2nd and 3rd years
respectively during the probation period. Therefore, this is nothing but
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 08-09-2026
16:45:13

NEUTRAL CITATION NO. 2026:MPHC-JBP:66385
9 WP-14411-2020
discrimination against the Class-III and Class-IV employees. Even it is not a

policy of the State Government that after confirmation, they would be paid
arrears @ 30%, 20% and 10% of the minimum pay scale, which was
withheld for 1st, 2nd and 3rd years respectively during the probation period.
6. The employee is liable to get salary on the basis of the pay scale,
which is prescribed in the recruitment rules. There is no such provision for
payment of pay scale in the name of stipend @ 70%, 80% and 90% of
minimum pay scale for 1st, 2nd and 3rd years respectively. Payment of
salary lower than the pay scale prescribed in the rules can only be given by
way of punishment upon proven misconduct. No recovery or deduction is
permissible from the salary without any valid justification.
7. Even by way of punishment, the pay scale cannot be reduced
below the minimum pay scale. Only increments are liable to be withheld, or
the employee can be reverted to a lower pay scale, but there is no provision
of reduction of pay scale even by way of punishment. Thus, there is no
reason to give a impression to the employees working on probation period
that they are being paid less pay because they are not found suitable for the
post or they are doing less work than a regular employee; therefore, such a
decision taken by the Ministers of Council circulated vide memo dated 25th
November, 2019 (Annexure R-4) is unsustainable, violative of Article 12, 14
of Constitution of India, hence the same is being struck down. Any
amendment by the concerned Department, in compliance with the aforesaid
circular, is also struck down. However, the rules challenged in these petitions
are as follows:
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 08-09-2026
16:45:13

NEUTRAL CITATION NO. 2026:MPHC-JBP:66385
10 WP-14411-2020


W.P. Rules Impugned Rules Impugned Circular Challenged
WP- 50654/25 Madhya
Amendment in Rules
vide Gazette
notification dated
24.02.2020

Rule 14
(Annexure P-10)
The Madhya
Pradesh Tribes
and Scheduled
Castes Teaching
Cadre (Service
and Recruitment
) Rules, 2018
Pradesh
School Education
Service (Teaching
Cadre), Service
Conditions and
Recruitment Rules,
2018
Madhya
Pradesh School
Education Service
(Teaching Cadre)
Service Conditions
and Recruitment
Rules, 2018
WP- 14411-
2020
Amendment in Rule
13 vide Gazette
Notification dated
26.12.2019 (Annexure
P-1)
WP- 25316-
2025
Rule 8(1) of the
Madhya Pradesh
Civil Services
(General
Conditions
of Services) Rules,
1961
Madhya Pradesh
Fundamental Rule 22-
C vide Notification
dated (Annexure P-2)
Rule 8(1) of
the Madhya
Pradesh Civil
Services
(General
Conditions of
Services) Rules,
1961
Madhya
Pradesh
Fundamental
Rule 22-C
vide
Notification
dated
22.02.2020
GAD Circular
dated 12.12.2019
WP-
1470-2026
(Annexure P-2)
(Annexure P-
3)
WP- 1897-
2026
Rule 8(1) of
the Madhya
Pradesh Civil
Services(General
Conditions of
Service) Rules,
1961 (Annexure
P-1)
Madhya
Pradesh
Fundamental
Rule 22-C
vide
Notification
dated
22.02.2020
Circular Dated
12.12.2019
(Annexure P-1)

(Annexure P-
2)
WP-
2848-2026
Rule 8(1) of the
Madhya
Pradesh Civil
Services
(General
Fundamental
Rule 22C by
notification
dated
GAD Circular
dated 12.12.2019
(Annexure P-2)
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 08-09-2026
16:45:13

NEUTRAL CITATION NO. 2026:MPHC-JBP:66385
11 WP-14411-2020
Conditions Of
Service) Rules,
1961.
22.02.2020
(Annexure
P-3)
WP-
2862-2026

Rule 8(1) of the
Madhya
Pradesh Civil
Services
(General
Conditions Of
Service) Rules,
1961.
Fundamental
Rule 22C by
notification
dated
22.02.2020
(Annexure
P-4)
GAD circular dated
12.12.2019
(Annexure P-3)
Rule 8(1) of the
Madhya Pradesh
Civil
Services (General
Conditions Of
Service) Rules,
1961.
WP-3326-
2026
Fundamental
Rule 22C by
notification
dated
22.02.2020
GAD issued circular
dated 12.12.2019
(Annexure P-2)
(Annexure P-
3)
WP-3359-
2026
Rule 8(1) of the
Madhya Pradesh
Civil Services
(General
Conditions of
Service) Rules,
1961 (Annexure P-
1)
Fundamental
Rule 22C by
notification
dated
22.02.2020
GAD issued circular
dated 12.12.2019
(Annexure P-1)
(Annexure P-2)
WP-3761-
2026
Rule 8(1) of the
Madhya Pradesh
Civil
Services(General
Conditions of
Service) Rules,
1961
Fundamental
Rule 22C by
notification
dated
22.02.2020
GAD issued circular
dated 12.12.2019
(Annexure P-3)
(Annexure P-
4)
WP-4772-
2026
Rule 8(1) of the
M.P. Civil Services
(General
Conditions of
Services) Rules,
1961
Order dated
16.01.2023
(Annexure P-1)
Circular dated
12.12.2019
(Annexure P-2)
The Madhya
Pradesh Tribes
and Scheduled
Castes Teaching
Cadre (Service
and Recruitment )
Rules, 2018
WP-24056-
2026
Madhya Pradesh
School
Education
Service
(Teaching
Cadre) Service
Conditions and
GAD vide circular
dated 12.12.2019
(Annexure P-8)
Amendment in
Madhya Pradesh
School Education
Service (Teaching
(Annexure P-2)
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 08-09-2026
16:45:13

NEUTRAL CITATION NO. 2026:MPHC-JBP:66385
12 WP-14411-2020
Recruitment
Rules, 2018
(Annexure P-1)

Cadre) Service
Conditions and
Recruitment Rules,
2018 vide Gazette
notification dated
26.12.2019
(Annexure P-9)

Amendment dated
24.02.2020 in the
Tribal Welfare
Department
(Annexure P-10)
8. All, the above rules and circulars which prescribe payment @ 70%,
80% and 90% of minimum pay scale for 1st, 2nd and 3rd years respectively
during the probation period be struck down. Let all government employees
of the concerned Department, who have been appointed after the memo
dated 25th November, 2019 be paid full salary for the work done during the
period of probation. Accordingly, these writ petitions are allowed.
9. A copy of this order be kept in all connected petitions.
(VIVEK RUSIA)
ACTING CHIEF JUSTICE
(PRADEEP MITTAL)
JUDGE
tarun
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 08-09-2026
16:45:13