BEFORE THE HON'BLE HIGH COURT OF MADHYA PRADESH :
BENCH AT INDORE
W.P. (S) No. of 2025
PETITIONER : Ajay Singh Rathore
Versus
RESPONDENTS : State of M.P. & Others
INDEX
Sr Description of Documents Ann. Page
.N No No.
o
01 Declaration. ---- 01
02 Brief of the Case/Synopsis ---- 02
03 List of Dates and Events. ---- 03
04 Writ Petition U/Article 226 of Constitution of India ----
05 Affidavit in support of the Writ Petition -----
06 List of Documents (As per Form No.5) -----
07 Copy of the appointment order dated 30.03.1987 issued P/1
to the petitioner on the post of Assistant Teacher.
08 Copy of the order dated 06.02.2001 granting the P/2
petitioner the benefit of senior pay scale of Rs. 5000-
8000/- upon completion of 12 years of service.
09 Copy of the order dated 05.07.2012 granting the P/3
petitioner the 2nd Kramonnati in the pay scale of Rs.
9300-34800 + Grade Pay Rs. 3600/-.
10 Copy of the Government Circular dated 24.01.2008 P/4
regarding grant of 2nd and 3rd Time Scale of Pay.
11 Copy of the Government Circular dated 30.09.2014 P/5
issued in continuation of Circular dated 24.01.2008.
12 Copy of the order dated 21.07.2014 promoting the P/6
petitioner from the post of Assistant Teacher to the
post of Teacher, which was forgone by him.
13 Copy of the order dated 21.10.2021 retiring the P/7
petitioner from service upon attaining the age of
superannuation.
14 Copy of the order dated 11.12.2024 passed by this P/8
Hon’ble Court in W.P. No. 38855/2024 directing the
respondents to decide the petitioner’s representation.
15 Copy of representation dated 20.12.2024 submitted by P/9
the petitioner to Respondents.
15 Copy of the impugned order dated 10.01.2025 rejecting P/10
the petitioner’s claim for grant of 3rd Kramonnati.
16 Copy of the order dated 27.08.2021 passed in favour of P/11
Smt. Manjula Purohit granting the benefit of time scale
of pay.
17 Vakalatnama of the Petitioner. ----
Submitted by,
PLACE: INDORE
DATED: 08.10.2025
(PRASANNA R. BHATNAGAR)
ADVOCATE FOR THE PETITIONER
BEFORE THE HON'BLE HIGH COURT OF MADHYA PRADESH :
BENCH AT INDORE
W.P. (S) No. of 2025
PETITIONER : Ajay Singh Rathore
Versus
RESPONDENTS : State of M.P. & Others
DECLARATION
(Under Rule 25 Chapter X)
The copies as required by Rule 25 of Chapter X of the High Court of Madhya
Pradesh Rules, 2008 have been served upon the Respondents at the office of Advo-
cate General at Indore on 08.10.2025.
PLACE : INDORE Submitted by
DATED : 08.10.2025
[PRASANNA R. BHATNAGAR]
ADVOCATE FOR THE PETITIONER
BEFORE THE HON'BLE HIGH COURT OF MADHYA PRADESH :
BENCH AT INDORE
W.P. (S) No. of 2025
PETITIONER : Ajay Singh Rathore
Versus
RESPONDENTS : State of M.P. & Others
SYNOPSIS
The petitioner is challenging order dated 10.01.2025 issued by Respondent No. 3
rejecting claim of the petitioner for grant of benefit of 3rd Kramonnati on the
ground that the petitioner has forgo his promotion from the post of Assistant
Teacher to Teacher in the year 2014 which is in gross violation of Circulars passed
by the State Government from time to time. Hence, this petition.
Submitted by,
PLACE: INDORE
DATED: 08.10.2025
(PRASANNA R. BHATNAGAR)
ADVOCATE FOR THE PETITIONER
BEFORE THE HON'BLE HIGH COURT OF MADHYA PRADESH :
BENCH AT INDORE
W.P. (S) No. of 2025
PETITIONER : Ajay Singh Rathore
Versus
RESPONDENTS : State of M.P. & Others
LIST OF DATES & EVENTS
Sr Dates Events
N
o
1 30.03.1987 The petitioner was appointed on the post of Assistant Teacher
on probation for a period of one year.
2 08.04.1987 The petitioner joined his duties on the post of Assistant
Teacher.
3 08.04.1988 Upon successful completion of the probation period, the
petitioner was regularised on the said post.
4 08.04.2000 The petitioner completed 12 years of continuous
service and became entitled to the first senior
pay scale.
5 06.02.2001 The benefit of senior pay scale of Rs. 5000-8000/- was granted
to the petitioner.
6 08.04.2011 Upon completion of 24 years of service, the petitioner became
entitled to the second Kramonnati.
7 05.07.2012 The petitioner was granted the benefit of second Kramonnati
in the pay scale of Rs. 9300-34800 + Grade Pay Rs. 3600/-
vide order dated 05.07.2012.
8 21.07.2014 Respondent No. 3 issued an order promoting the petitioner
from the post of Assistant Teacher to the post of Teacher. The
petitioner, however, chose to forgo the said promotion.
9 08.04.2017 The petitioner completed 30 years of continuous
and satisfactory service and became entitled to
the third Time Scale of Pay.
10 27.08.2021 One Smt. Manjula Purohit, who is similarly situated, was
granted the benefit of the time scale of pay by the respondents.
11 21.10.2021 The petitioner was retired from service on attaining the age of
superannuation of 62 years vide order dated 21.10.2021.
12 11.12.2024 This Hon’ble Court, in W.P. No. 38855/2024, directed the
respondents to decide the petitioner’s pending representation
for grant of third Time Scale.
13 20.12.2024 Petitioner submitted representation to Respondents.
14 10.01.2025 The respondents, instead of complying with the directions of
this Hon’ble Court, passed the impugned order rejecting the
petitioner’s claim on the ground that he had forgone his
promotion.
Submitted by,
PLACE: INDORE
DATED: 08.10.2025
[PRASANNA R. BHATNAGAR]
ADVOCATE FOR THE PETITIONER
BEFORE THE HON'BLE HIGH COURT OF MADHYA PRADESH:
BENCH AT INDORE
W.P. (S) No. of 2024
PETITIONER: Ajay Singh Rathore,
S/o Late Shri Pratap Singh Rathore,
Age: 63 years, Occupation: Retired
Assistant Teacher in Government Vinoba
HSS, Hat Ki Chowki, Ratlam, R/o : Flat
No. 243, Block-C, Samyak Residency,
Pratap Nagar, RATLAM (MP)
VERSUS
RESPONDENTS: [1] The State of Madhya Pradesh,
Through the Principal Secretary to the
Government of Madhya Pradesh,
Department of School Education,
Vallabh Bhawan Mantralaya,
BHOPAL – 462004 (MP),
[2] Commissioner of Public Instructions,
Gautam Nagar, Near Chetak Bridge,
BHOPAL (MP)
[3] District Education Officer,
District Ratlam, Ghas Bazaar,
RATLAM (MP)
[4] Joint Director,
Directorate of Treasury, Accounts &
Pension, Ujjain Division, UJJAIN (MP)
[5] District Pension Officer,
District Ratlam, RATLAM (MP)
WRIT PETITION UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA
1. PARTICULARS OF THE CAUSE/ORDER AGAINST
WHICH THE PETITION IS MADE:-
[1] Date of order : 10.01.2025
[2] Passed in File/ Order : No./Establishment-1/2025/47, Ratlam
[3] Passed by : Respondent No. 3
[4] Subject in Brief: The petitioner is challenging order dated 10.01.2025
(Annexure P/10) issued by Respondent No. 3 rejecting claim of the
petitioner for grant of benefit of 3rd Kramonnati on the ground that the
petitioner has forgo his promotion from the post of Assistant Teacher to
Teacher in the year 2014 which is in gross violation of Circulars passed by
the State Government from time to time. Hence, this petition.
2. DECLARATION:
The Petitioner hereby declares that he has not previously filed any case
pertaining to subject matter of the present petition.
3. DETAILS OF REMEDIES EXHAUSTED:-
Except for the present petition, the Petitioner does not have any other
alternative, efficacious remedy.
4. DELAY, IF ANY, IN FILING THE PETITION AND
EXPLANATION THEREFOR:-
There is no delay in filing the present writ petition.
5. FACTS OF THE CASE:-
5.1 That, the Petitioner is a citizen of India and is a permanent resident of
Indore District (MP) within the writ jurisdiction of this Hon'ble Court.
5.2 That, the petitioner initially appointed on the post of Assistant Teacher on
the probation period of one year by an order dated 30.03.1987 (Annexure
P/1) and in order to that he joined on the aforesaid post on 08.04.1987.
Thereafter, the petitioner was regularised on the said post after completion
of his probation period of 1 year on 08.04.1988.
5.3 That, the petitioner was granted benefit of senior pay scale of Rs. 5000-
8000/- upon completion of 12 years in service by an order dated 06.02.2001
(Annexure P/2) issued by Respondent No. 3 w.e.f. 08.04.2000, vide Sr.
No. 471.
5.4 That, the petitioner has also extended benefit of 2nd Kramonnati in the pay
scale of Rs. 9300-34800 + grade pay of Rs. 3600/- upon completion of 24
years of service by an order dated 05.07.2012 (Annexure P/3) w.e.f.
08.04.2011.
5.5 That, the petitioner further submits that he is entitled to be granted benefit
of 2nd and 3rd time scale of pay upon completion of 20 and 30 years of
service respectively in view of the Circular dated 24.01.2008 (Annexure
P/4) read with Circular dated 30.09.2014 (Annexure P/5).
5.6 That, after granting the 2nd kramonnati to the petitioner, the Respondent
No. 3 by an order dated 21.07.2014 (Annexure P/6) promoted the
petitioner from the post of Assistant Teacher to the post of Teacher.
However, the petitioner, upon due consideration, chose to forgo the said
promotion, as the pay scale attached to the promotional post was lower than
that of his existing post, the grade pay for the promotional post being Rs.
3200/-, whereas he was drawing a grade pay of Rs. 3600/- on his current
post.
5.5 That, the petitioner completed 30 years of continuous and satisfactory
service on 08.04.2017 and thereby became entitled to the benefit of the
third time pay scale, but the same has not been granted to him till date.
5.6 That, the petitioner was retired from service w.e.f. 31.10.2021 upon
completion of age of superannuation of 62 years by an order dated
21.10.2021 (Annexure P/7) issued by Respondent No.3.
5.6 That, being aggreived by non-grant of benefit of 3rd time pay scale, the
petitioner has preferred a W.P. No. 38855/2024 before this Hon’ble Court
and this Hon’ble Court has disposed of the same with a direction to decide
the pending representation of the petitioner keeping in view of Circulars
dated 24.01.2008 and 30.09.2014 within a period of three months. Copy of
order dated 11.12.2024 passed by this Hon’ble Court in W.P. No.
38855/2024 is submitted herewith marked as (Annexure P/8). Copy of
representation dated 20.1.2024 submitted by the petitioner to Respondents
is submitted herewith marked as (Annexure P/9)
5.7 That, the petitioner eligible in all respect for grant the benefit of 3rd time
pay scale was issued impugned order dated 10.01.2025 (Annexure P/10)
on the ground that the petitioner having forgone his promotion, therefore,
he is not eligible for the grant of the 3rd Kramonnati.
5.8 That, it is pertinent to mention that the action of the respondents is
discriminatory and arbitrary, as one Smt. Manjula Purohit, who is similarly
situated, has already been granted the benefit of the time scale of pay vide
order dated 27.08.2021 (Annexure P/11). Thus, being aggrieved by the
injustice done to him the present petition is being filed by the Petitioner on
the following amongst other grounds:-
6. GROUNDS URGED:-
6.1 That, the petitioner has rendered more than 30 years of continuous and
satisfactory service, and in terms of the Government Circulars dated
24.01.2008 and 30.09.2014, he became entitled to the benefit of the third
time scale of pay upon completion of 30 years of service on 08.04.2017.
However, the same has been illegally denied to him by the respondents.
6.2 That, the only ground assigned by the respondents in the impugned order
dated 10.01.2025 (Annexure P/9) for rejecting the petitioner’s claim is that
he had forgone his promotion to the post of Teacher in the year 2014. The
said reasoning is wholly misconceived and unsustainable, as the petitioner
had forgone his promotion much prior to the date when he became eligible
for the third time scale of pay. Thus, the same cannot be made a ground to
deny the benefit which accrued to him subsequently.
6.3 That, the petitioner had rightly chosen to forgo the promotion, as the pay
scale attached to the promotional post was lower than that of his existing
post. It is a settled principle that an employee cannot be compelled to
accept a promotion that results in reduction of his pay. The petitioner was
justified in protecting his legitimate pay and service benefits.
6.4 That, the action of the respondents amounts to hostile discrimination. A
similarly situated employee, Smt. Manjula Purohit, has already been
extended the benefit of the time scale of pay vide order dated 27.08.2021
(Annexure P/10), while the same benefit has been denied to the petitioner
without any reasonable justification, thereby violating Article 14 of the
Constitution of India.
6.4 That, the petitioner submits that the Hon’ble Supreme Court in Union of
India and Others v. N.M. Raut and Others 2024 SCC OnLine SC 3873
[Para 13] while examining the object and scope of the Assured Career
Progression Scheme (ACPS), has categorically held that the very purpose
of such schemes is to ensure that an employee does not remain stagnant in
the same pay scale or grade pay for long periods of 10, 20, or 30 years. The
Court emphasized that in cases where an employee has not received regular
promotion, he is entitled to financial upgradation to the next higher grade
pay. The denial of the third time pay scale to the petitioner, despite his
completion of 30 years of unblemished service and non-receipt of any
regular promotion, is contrary to the principle laid down by the Hon’ble
Supreme Court and defeats the very object of the time scale/financial
upgradation scheme.
6.5 That, it is a matter of plain common sense and fairness that no employee
can be compelled to accept a promotion which results in reduction of pay.
The Hon’ble Supreme Court in N.M. Raut and Others (supra), has clarified
that the purpose of the Assured Career Progression Scheme is to prevent
stagnation and to ensure financial progression of employees. Denying the
petitioner the benefit of the third time pay scale merely because he declined
a promotion carrying a lower grade pay defeats this very object. A
promotion cannot operate to the financial detriment of an employee, and
therefore, the petitioner’s decision to forgo such promotion cannot be
treated as a disqualification for grant of financial upgradation.
6.6 That, the Hon’ble Supreme Court, in the case of State of Madhya Pradesh
and Others v. Mala Banerjee and Others (2015) 7 SCC 698, while
considering the scope and object of the Kramonnati Scheme, has
categorically held that the scheme was introduced to remove frustration
among employees who had stagnated for years without promotional
avenues and to encourage efficiency and motivation in service. The
judgment emphasizes that the Kramonnati Scheme was conceived in a
beneficial spirit to ensure fair financial progression and to recognize long,
unblemished service. The respondents, by denying the petitioner the third
time scale merely on the ground of forgoing a promotion which would have
reduced his pay, have acted contrary to both the letter and spirit of the law
laid down by the Hon’ble Supreme Court.
6.7 That, the petitioner’s case is squarely covered under the aforesaid circulars
and judicial pronouncements, and there is no legal or administrative bar in
extending the benefit of the third time scale of pay to him. The impugned
order, therefore, deserves to be quashed being arbitrary, discriminatory, and
contrary to settled law.
6.8 That, he respondents have failed to apply their mind to the directions issued
by this Hon’ble Court in W.P. No. 38855/2024 decided on 11.12.2024,
wherein they were specifically directed to decide the petitioner’s
representation keeping in view the Circulars dated 24.01.2008 and
30.09.2014. The impugned order has been passed in clear disregard of the
said directions.
6.9 That, other grounds will be urged at the time of hearing of petition.
7. RELIEFS SOUGHT:-
This Hon'ble Court may graciously be pleased :
(a) to call for the relevant records of the case from the Respondents;
(b) to quash the impugned order dated 10.01.2025 (Annexure P/10) issued by
Respondent No. 3, by issuing a writ of Certiorari or any other appropriate
writ, direction or order;
(c) to command the Respondents to grant the petitioner benefit of 3rd time pay
scale with effect from 08.04.2017, by granting him all consequential and
monetary benefits including arrears, by a writ of Mandamus or any other
appropriate writ, direction or order;
(d) to command the Respondents to refix the pay according to revised pay as
per 3rd time pay scale and to release retiral dues in accordance with that
along with all consequential and monetary benefits including arrears, by a
writ of Mandamus or any other appropriate writ, direction or order;
(e) to allow this petition with costs;
(f) to pass such other order(s) as may be deemed appropriate in the facts &
circumstances of the case, to grant relief to the Petitioner.
8. INTERIM ORDER/WRIT, PRAYED FOR:- NIL
9. DOCUMENTS RELIED ON BUT NOT IN POSSESSION
OF THE PETITIONER:-
NIL
10. CAVEAT:-
The Petitioner declares that no notice of lodging a Caveat by the opposite
party is received.
Submitted by,
PLACE: INDORE
DATED: 08.10.2025 (PRASANNA R. BHATNAGAR)
ADVOCATE FOR THE PETITIONER
BEFORE THE HON'BLE HIGH COURT OF MADHYA PRADESH :
BENCH AT INDORE
W.P. (S) No. of 2025
PETITIONER : Ajay Singh Rathore
Versus
RESPONDENTS : State of M.P. & Others
LIST OF DOCUMENTS
Sr Description of Documents Ann. Page No.
No No
01 Copy of the appointment order dated 30.03.1987 P/1
issued to the petitioner on the post of Assistant
Teacher.
02 Copy of the order dated 06.02.2001 granting the P/2
petitioner the benefit of senior pay scale of Rs.
5000-8000/- upon completion of 12 years of service.
03 Copy of the order dated 05.07.2012 granting the P/3
petitioner the 2nd Kramonnati in the pay scale of Rs.
9300-34800 + Grade Pay Rs. 3600/-.
04 Copy of the Government Circular dated 24.01.2008 P/4
regarding grant of 2nd and 3rd Time Scale of Pay.
05 Copy of the Government Circular dated 30.09.2014 P/5
issued in continuation of Circular dated 24.01.2008.
06 Copy of the order dated 21.07.2014 promoting the P/6
petitioner from the post of Assistant Teacher to the
post of Teacher, which was forgone by him.
07 Copy of the order dated 21.10.2021 retiring the P/7
petitioner from service upon attaining the age of
superannuation.
08 Copy of the order dated 11.12.2024 passed by this P/8
Hon’ble Court in W.P. No. 38855/2024 directing the
respondents to decide the petitioner’s representation.
09 Copy of representation dated 20.12.2024 submitted P/9
by the petitioner to Respondents.
10 Copy of the impugned order dated 10.01.2025 P/10
rejecting the petitioner’s claim for grant of 3rd
Kramonnati.
11 Copy of the order dated 27.08.2021 passed in favour P/11
of Smt. Manjula Purohit granting the benefit of time
scale of pay.
Submitted by,
PLACE: INDORE
DATED: 08.10.2025
(PRASANNA R. BHATNAGAR)
ADVOCATE FOR THE PETITIONER
