Competent Authority Must Decide Fresh Pay-Scale Revision Representation Under the 1982 Notification

The petitioner, the widow and legal heir of a retired Water Resources Department employee, sought revision of her late husband’s pay scale and consequential pensionary benefits under a Madhya Pradesh Government notification dated 14.10.1982, together with arrears and removal of a service anomaly.

Her husband had initially worked as a daily-wage employee and was later regularized.

Relying on a Coordinate Bench order in Dwarikadas Vaishnav v. State of Madhya Pradesh (now Chhattisgarh), the petitioner sought consideration of her claim by the competent authority.

The State submitted that the issue had previously been considered in light of the State Administrative Tribunal’s decision in Laxmi Narayan Upadhyay v. State of M.P., but agreed to consider a fresh representation under the notification.

1. Whether the petitioner’s fresh representation concerning revision of her late husband’s pay scale and consequential pensionary benefits should be considered in light of the notification dated 14.10.1982.

2. Whether the writ petition could be disposed of by directing the competent authority to decide that representation within a specified period.

The Court referred to the State Government notification dated 14.10.1982 as the basis on which the petitioner’s claim was to be considered.

It also noted the Coordinate Bench’s order in Dwarikadas Vaishnav v. State of Madhya Pradesh (now Chhattisgarh), which had granted the petitioners liberty to submit fresh representations.

The Court did not determine the petitioner’s substantive entitlement under the notification or lay down a further legal test.

In light of the parties’ submissions, the Court considered it appropriate to direct consideration of a fresh representation rather than adjudicate the claim for higher pay scale, revised pension, or arrears on the merits.

The State had stated that it would consider the petitioner’s case if she filed such a representation.

The Court accordingly required the competent authority to consider and decide it in light of the notification.

The petitioner may file a fresh representation before the competent authority, which must consider and decide it in light of the notification dated 14.10.1982, preferably within six months of receiving or being presented with a certified copy of the order.

The Court did not grant the requested pay-scale revision, pension revision, or arrears, and made no determination on the merits of those claims.