Representation for Revision of Pay Scale and Pension Must Be Decided in Light of Statutory Notifications.

The petitioner, a retired Time Keeper, served as a daily wage employee before being regularized in the Water Resource Department

He approached the High Court seeking the grant of higher pay scale benefits and a revision of his pension based on the Gazette Notification dated 14.10.1982

The petitioner sought parity with orders passed in earlier litigations (WPS No. 6355/2014 and WPS No. 7312/2024), requesting a direction for the respondent authorities to decide his representation regarding pay anomalies and arrears

1. Whether the petitioner is entitled to a revision of pay scale and pensionary benefits in accordance with the Gazette Notification dated 14.10.1982

2. Whether the court should direct the respondent authorities to consider the petitioner's representation in light of established precedents involving similarly situated employees

The court relied on the Gazette Notification dated 14.10.1982 (originally 14.10.1992 and subsequently modified) issued by the State of Madhya Pradesh, which governs the revision of pay scales for regularized daily wage employees

legal precedent established by the Coordinate Bench of the Chhattisgarh High Court in Dwarikadas Vaishnav Another v. State of Madhya Pradesh (now Chhattisgarh) Others (WPS No. 2904 of 2005), which allows petitioners to file fresh representations for pay revision

the principle of administrative consideration in light of Laxmi Narayan Upadhyay v. State of M.P. was noted

The Court observed that the petitioner’s claim was based on facts and questions of law similar to those already decided in a batch of writ petitions led by Dwarikadas Vaishnav

The petitioner argued that as a regularized daily wage employee, he fell within the ambit of the 1982 Notification

The State counsel did not oppose the prayer for a fresh representation, acknowledging that while the State had previously considered similar issues based on Tribunal judgments, it remained open to reviewing the petitioner’s specific case under the relevant notification

Consequently, the Court found it appropriate to dispose of the matter by directing an administrative review rather than adjudicating on the merits of the pay scale revision itself

The Court ordered that if such a representation is filed, the competent authority must consider and decide it in light of the Gazette Notification dated 14.10.1982 within a period of six months from the date of receipt of the order