Mathura Kushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 1214 MP

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       THE HIGH COURT OF MADHYA PRADESH
                     WP-6780-2021
  Mathura Kushawah and another Vs. State of MP and others

Gwalior, Dated : 01.04.2021

      Shri Alok Bandhu Shrivastava, Counsel for the petitioners.

      Shri Deepak Khot, Government Advocate for respondents/State.

This petition under Article 226 of the Constitution of India has

been filed seeking the following relief:-

"1. That, direction may kindly be given to the respondents to give the benefits of the post of the permanent classified. From the date of his classification as permanent employee to the petitioner and pay the arrears of salary on fixation of pay along with all consequence benefits/ gratuity with interest from the date of his classification. In the Ram naresh Rawat Case.

2. That the respondent may kindly be directed to treat the petitioner at par with their similarly placed co-employee with seniority and consequential benefits on the post of copyist. From the date of classification.

3. Issue any other writ, order or direction in the nature of writ under Article 226 of the Constitution of India as this Hon'ble Court may deem fit in facts and circumstances of case."

It is submitted by the counsel for the petitioners that the

petitioners were employed as daily wages as labour in the respondents

department. They were classified as permanent employee on the post

of labour by order dated 28.02.2014. It is further submitted that now

they have been declared as Sthaikarmi. However, in the light of

judgment passed by Supreme Court in the case of Ram Naresh

Rawat Vs. Ashwini Ray reported in (2017) 3 SCC 436, the benefit

of minimum of regular pay scale without increment from the date of

THE HIGH COURT OF MADHYA PRADESH WP-6780-2021 Mathura Kushawah and another Vs. State of MP and others

classification till extension of benefit of Sthaikarmi has not been paid

and, accordingly, it is submitted that the petitioners are entitled for the

minimum of regular pay scale without increment for the

aforementioned period.

Per contra, it is submitted by the counsel for the State that the

petitioners are entitled for the minimum of the regular pay scale

without increment from the date of their classification only.

Heard the learned counsel for the parties.

The petitioners were classified by order dated 28.02.2014.

Accordingly, if the classification is intact and if they file a

representation before the authorities for grant of minimum pay scale

from 28.02.2014 till the benefit of Sthaikarmi is given to them, then

the said representation shall be decided as early as possible preferably

within a period of one month from the date of representation in the

light of judgment passed in the case of Ram Naresh Rawat (supra).

With the aforesaid direction, the petition is finally disposed of.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2021.04.01 18:16:12 +05'30'