STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY & ORS. versus SEEMA SHARMA

Citation: [2022] 4 S.C.R. 798 · Decided: 12-05-2022 · Supreme Court of India · Bench: INDIRA BANERJEE · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 4 S.C.R.
STATE OF MADHYA PRADESH THROUGH PRINCIPAL
SECRETARY & ORS.
v.
SEEMA SHARMA
(Civil Appeal No. 3892 of 2022)
MAY 12, 2022
[INDIRA BANERJEE AND C. T. RAVIKUMAR, JJ.]
Service Law – Madhya Pradesh Education Service (Collegiate
Branch), Recruitment Rules, 1990 – Madhya Pradesh Public Health
(Indian System of Medicine and Homeopathy), Class-III, Clerical
and Non-Clerical Services Recruitment Rules, 1987 – Librarian-
cum-Museum Assistant – UGC Scale of Pay – Respondent was
appointed to the post of Librarian-cum-Museum Assistant in the
pay scale of Rs. 950-25-1000-30-1210-40-1530 – After completion
of 8 years of service, the respondent claimed the UGC scale of pay
as paid to the persons in the senior scale of Librarian as per the
1990 Rules – The request was rejected – Writ petition in the High
Court – Single Judge allowed the petition and the respondent was
directed to be paid the UGC scale of pay as paid to the librarians
of colleges under the Higher Education Department – Intra-Court
appeal filed by the appellant was dismissed – On appeal, held: The
scale of pay of a Librarian is specified in Schedule 1 to the said
1990 Rules but there is no designated post of Librarian cum Museum
Assistant in the 1990 Rules – There is a post of Museum Assistant-
cum-Librarian under the 1987 Rules – In the instant case, it would
be pertinent to note that the eligibility criteria for appointment of
Museum Assistant-cum- Librarian under the 1987 Rules was different
from the eligibility criteria of appointment of Librarian under the
1990 Rules – It is patently clear that the 1990 Rules, were not
applicable to the respondent – Hence, the appeal is allowed and
the impugned orders of the High Court are set-aside – Madhya
Pradesh Ayush Department (Clerical and Non-Clerical), Class-III,
Service Recruitment Rules, 2013.
Service Law – Fixation of scales of pay – Interference of
Courts – Held: The fixation of scales of pay is a matter of policy,
with which the Courts can only interfere in exceptional cases where
[2022] 4 S.C.R. 798
798
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there is discrimination between two sets of employees appointed by
the same authority, in the same manner, where the eligibility criteria
is the same and the duties are identical in every aspect.
Allowing the appeal, this Court
HELD: 1. It is patently clear that the 1990 Rules, were not
applicable to the Respondent. The 1990 Rules have been annexed
to the Rejoinder filed by the appellants. The scale of pay of a
Librarian is specified in Schedule 1 to the said 1990 Rules. The
scale of pay of a Librarian, as specified in Schedule-I is Rs. 2200-
75-2800- 100-4000. Significantly, there is no designated post of
Librarian cum Museum Assistant in the 1990 Rules. The
appointment letter of the respondent clearly shows that she was
appointed Librarian cum Museum Assistant at a pay of Rs. 950
in the pay scale of Rs. 950-25-1000-30-1210-40-1530 along with
the prevailing dearness allowance from the date of joining. Even
after completion of probation, and for a period of more than 8
years, the respondent-writ petitioner did not raise any dispute
with regard to her scale of pay. Under the 1990 Rules, the senior
scale of Librarian is Rs. 3000-100-3500-125-5000. The
respondent-writ petitioner started claiming the aforesaid scale
of pay of Rs.3000-100-3500-125-5000/- after completion of 8 years
of service. [Paras 9-11][802-F-H; 803-A-B]
2. On the other hand, under the Madhya Pradesh Public
Health (Indian System of Medicine and Homeopathy), Class-III,
Clerical and Non-Clerical Services Recruitment Rules, 1987, the
scale of pay of the Museum Assistant-cum-Librarian, being the
post to which the respondent was appointed was Rs. 515-10-575-
15-800-20-840. That scale was revised. The Respondent-Writ
Petitioner was granted the revised pay scale. Significantly, as
observed above, there was no post of Museum Assistant-cum-
Librarian under the 1990 Rules, but there was a post of Museum
Assistant-cum-Librarian under the 1987 Rules. It appears that
the Division Bench as also the Single Bench of the High Court
followed the judgment of the High Court in Writ Petition No.
5438/2000 (State of Madhya Pradesh & Anr. vs. M.K. Verma &
four Ors.) heard with other writ petitions. The judgment in the
case of M.K. Verma pertained to librarians of Engineering Colleges
STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY
v. SEEMA SHARMA
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