Higher Officials Never Come Up With Pay, Promotion Issues; Why Are Class III & IV Employees Victimised? MP High Court Asks Cabinet To Intervene

The Indore Bench of Madhya Pradesh High Court has asked the State Cabinet to look into the victimization of Class – III and IV employees by wrong and adamant approach of higher officials.A division bench of Justice Vivek Rusia and Justice Gajendra Singh observed, “We have come across various cases, in which Class – IV employees of the various departments of the State of Madhya Pradesh are affected by the decision taken by the superior officers. Most of the cases are of the nature of withdrawal of the pay scale upgradation, recovery at the time of retirement and non-grant of similar benefits to remaining employees and delay in promotion etc. We have not come across any cases in which Class – I & II officers are approaching this High Court in these types of litigation. Therefore, the Cabinet of ministers should consider why Class – III and IV employees are being victimized of the wrong and adamant approach of higher officials of the concerned Department so that harassment of the Class – III & IV employees and wasting the valuable time of the Court can be avoided.”The Court also referred to a Litigation Policy framed by the State in the year 2018 wherein there is a provision for the constitution of State and District Level Committee, Department-wise Committee to settle petty disputes. “It appears that the said policy is lying in the files and gathering dust.”, the Court said.The present appeal was filed appellants/State of Madhya Pradesh & Others being aggrieved by the order passed in Writ Petition No.26705 of 2022, whereby the recovery of an amount of Rs. 94,056/- from a retired Class IV employee/respondent had been quashed. The appeal was filed after a delay of 711 days. Hence, an application for condonation of delay was also filed. However, the refused to condone the delay stating that the petitioner/respondent was rightly granted the benefit of a higher pay scale in light of the executive instruction. Since the entitlement of the petitioner was not in dispute, hence, the Court opined that the State had no ground to challenge the impugned order by way of appeal.In the last order dated February 17, the Court had directed the Government Advocate to call the Officer-In Charge (OIC) along with a note-sheet as to who gave the permission/opinion/approval for filing this writ appeal before the Division Bench.“We are shocked and surprised that neither the office of the Advocate General nor the Law Department granted any approval for filing this writ appeal, despite that the Chief Engineer, PHE, Bhopal vide order dated 16.12.2024 appointed the OIC and directed him to file this writ appeal. No reasons have been assigned as to why the Chief Engineer thought that this matter is fit for filing a writ appeal before this Court. There is no explanation as to how this writ appeal can be entertained on merit that too with an unexplained delay of 711 days. The present writ appeal has been filed by wasting the public money only and to waste the valuable time of this Court.”, the Court said.Further, the Principal Secretary, Public Health Engineering Department was present in person before the Court. When asked as to why the opinion has been given by the Chief Engineer to file the present writ appeal, he submitted that the matter has been placed before the Cabinet for approval for the creation of supernumerary posts and only benefits of upgradation can be given to the writ petitioner.“This explanation is further shocking to us that in respect of the refund of Rs. 94,056/- to Class - IV employees, the Government is going to place this matter before the Cabinet, especially when the impugned action had already been set aside by this Court in the bunch of writ petitions as well as in writ appeals in respect of similarly placed employees way back in the year 2017 – 18.”, the Court said.The appeal was hence, dismissed with a cost of Rs. 20,000/- on Chief Engineer, Public Health Engineering Department, Bhopal who gave an opinion to file the writ appeal without examining the facts and law involved in this case.Case Title: The State Of Madhya Pradesh Through Public Health Engineering And Others Versus Balwant Singh Mandloi, Writ Appeal No. 404 Of 2025Click Here To Read/Download Order Citation: 2025 LiveLaw (MP) 54

Higher Officials Never Come Up With Pay, Promotion Issues; Why Are Class III & IV Employees Victimised? MP High Court Asks Cabinet To Intervene

Anukriti Mishra