Court directs petitioners seeking seniority and pay difference to submit representations; Suggests State to establish a Dispute Resolution System for service-related grievances.
In a recent judgment passed by the Madhya Pradesh High Court, Justice Vinay Saraf addressed the petition filed by Chaukhi Lal Yadav and others, seeking seniority and pay difference from September 1, 2010. The Court has directed the petitioners to submit detailed representations to the Competent Officer of the concerned department within 30 days. These representations are to be adjudicated within 45 days with a reasoned and speaking order by the Competent Authority. Importantly, the Court refrained from commenting on the merits of the case itself.
The petitioners, represented by Advocate Shri. Vasu Jain, cited a previous order from a Coordinate Bench in a similar matter involving Nand Kishore Patel, where the petitioners were granted their requested seniority and pay difference. Despite the Department's attempts to challenge this order, including an appeal and a Special Leave Petition (SLP), the decisions were upheld.
In a noteworthy move, Justice Saraf suggested the State Government to establish a systematic approach to resolve service-related grievances at the initial stage. This suggestion aims to alleviate the burden on High Courts, which are inundated with service matters. The Court advocated for empowering designated officers or retired District Judges to address grievances efficiently, thereby conserving time, money, and resources for both employees and the State Government.
The judgment underscores the need for a proactive policy that enables direct and effective communication between aggrieved employees and department officials, promoting a smoother functioning of government operations. This approach is expected to reduce the multiplicity of cases and provide a more streamlined mechanism for grievance redressal.
The High Court has forwarded a copy of this order to the Chief Secretary of Madhya Pradesh for consideration, marking a potential shift towards a more efficient resolution framework for service-related disputes.
Bottom Line:
Service matters - Petitioners seeking seniority and difference of pay from a specific date - Court directed petitioners to submit detailed representations before Competent Officer, to be decided within a stipulated timeframe - Suggested State Government to establish a Dispute Resolution System to address service-related grievances at the initial stage to avoid multiplicity of cases.
Statutory provision(s): Service Law.
