Udal vs The State Of Madhya Pradesh
2021 Latest Caselaw 1215 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       WP-7596-2021
               Udal Vs. State of MP and others

Gwalior, Dated : 01.04.2021

      Shri Purushottam Sharma, Counsel for the petitioner.

      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, a direction may kindly be given to the respondents to pay the salary as per pay scale of post of Labour to petitioner from the date of his classification i.e. 01.09.1982 as held by the Hon'ble Supreme Court in the case of Ram Naresh Rawat.

2. Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may also kindly be granted.

3. Cost of this petition also awarded."

It is submitted by the counsel for the petitioner that the

petitioner was employed as daily wages as labour in the respondents

department. He was classified as permanent employee on the post of

labour by order dated 16.02.2005. It is further submitted that now he

has 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 classification

till extension of benefit of Sthaikarmi has not been paid and,

accordingly, it is submitted that the petitioner is entitled for the

minimum of regular pay scale without increment for the

aforementioned period.

THE HIGH COURT OF MADHYA PRADESH WP-7596-2021 Udal Vs. State of MP and others

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

petitioner is entitled for the minimum of the regular pay scale without

increment from the date of his classification only.

Heard the learned counsel for the parties.

The petitioner was classified by order dated 16.02.2005.

Accordingly, if the classification is intact and if he files a

representation before the authorities for grant of minimum pay scale

from 16.02.2005 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 18:15:46 +05'30'