Madhya Pradesh High Court Directs Consideration of 4th Time Scale Pay for 35-Year Service

The Madhya Pradesh High Court has reinforced the implementation of the Finance Department's 2023 circular, ensuring that long-serving government employees can seek the benefit of the 4th time scale of pay upon completing 35 years of service. This decision paves the way for veteran civil servants to claim updated pay scales that reflect their career longevity and commitment to public service.

Justice Anand Pathak, sitting at the Gwalior Bench, adjudicated on a writ petition filed under Constitution of India. The petitioner, a retired Physical Training Instructor, approached the court seeking the extension of financial benefits based on state policy frameworks established shortly before his retirement.

Court Observations and Directions

The Court noted that the petitioner served for approximately 35 years, having been appointed in 1987 and retiring in late 2023. The Court emphasized that since the petitioner retired within the domain of the applicability of the circular (effective from July 1, 2023), his claim warranted a formal administrative review.

The Court has the following directions:

"i- Petitioner shall file a fresh and detailed representation before the competent authority within a period of two weeks.

ii- In turn, respondent/competent authority shall consider and decide the said representation by passing a reasoned and speaking order, within a period of two months from the date of receipt of the certified copy of this order.

iii- At the time of consideration of case of petitioner, the competent authority shall also afford the personal opportunity of being heard to petitioner.

iv. If the respondents find that the petitioner is entitled to consequential benefits, the same shall be extended to him. If he is found not entitled to such benefits, the respondent/competent authority shall pass a reasoned and speaking order in accordance with law within the aforesaid period."

The Court, in its reasoning, observed: "Considering the submissions and peculiar fact situation wherein petitioner retired on 31.12.2023 within a domain of applicability of circular is w.e.f. 01.07.2023, the present petition is disposed of..."

Background

The petitioner was appointed as a Physical Training Instructor on October 20, 1987, and superannuated on December 31, 2023. He claimed that having served 35 years, he was entitled to the 4th time scale of pay under a circular issued by the Finance Department on August 14, 2023. The petitioner relied on a previous coordinate bench decision in Nemi Chand Vs. State of Madhya Pradesh & Others, where similar directions were issued for the consideration of representations.

The State counsel did not oppose the request for a time-bound administrative decision. Consequently, the High Court disposed of the petition without expressing an opinion on the merits, granting the petitioner liberty to file a fresh representation while directing the authorities to pass a reasoned order after a personal hearing.

Case Details:
Case No.: WRIT PETITION No. 42160 of 2026
Neutral Citation: 2026:MPHC-GWL:31701
Case Title: Hotam Singh Kushwah Versus State Of Madhya Pradesh And Others
Appearances:
For the Petitioner(s): Shri Krishna Kartikey Sharma - Advocate
For the Respondent(s): Shri Shailendra Singh Kushwah - Government Advocate

Source: 2026 CaseBase(MP) 32683