Shyam Sundar Kushwaha vs The State Of Madhya Pradesh
2021 Latest Caselaw 3853 MP

                                                            1

          THE HIGH COURT OF MADHYA PRADESH
                    WP No.7057/2021
     (SHYAM SUNDAR KUSHWAHA & ORS. VS. STATE OF M.P. &
                        ORS.)

                     Through Video Conferencing

Gwalior dtd. 02/08/2021
      Shri Shyam Sharma, learned counsel for the petitioners.

      Shri Ajay Raghuwanshi, learned counsel for the State.

      This petition under Article 226 of the Constitution of India

has been filed seeking the following relief:-

             "7.1 That, the respondents may kindly be

directed to consider the claim of the petitioners in the light of Hon'ble Apex Court decision Ram Naresh Rawat Vs. Ashwani Ray & Others reported in (2017) 3 SCC 436.

7.2 That, any other relief which this Hon'ble Court may deem fit and proper may also be given to the petitioner along with costs."

It is submitted by the counsel for the petitioners that they

were employed as daily wages as Labourers in the respondents

department. They were classified as permanent employee on the

post of Labourers. 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 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. Accordingly, if the

classification is intact and if they file a representation before the

authorities for grant of minimum pay scale from the date of their

classification 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)
Pj'S/-                                                                    Judge


         PRINCEE BARAIYA
         2021.08.02 17:09:35
         -07'00'