Smt Meera Bai vs The State Of Madhya Pradesh
2021 Latest Caselaw 3952 MP

                                                               1

               THE HIGH COURT OF MADHYA PRADESH
                          WP No.12994/2021
                (SMT. MEERA BAI VS. STATE OF M.P. & ORS.)

                         Through Video Conferencing

Gwalior dtd. 04/08/2021
         Shri B.P.Singh, learned counsel for the petitioner.

         Shri Deepak Khot, learned Government Advocate for the

State.

         This petition under Article 226 of the Constitution of India

has been filed seeking the following relief:-

               "(i)     That, a direction may kindly be given to
         the respondents to pay the petitioner        the claim of

petitioner's husband as minimum of the pay of the classified post as per graded pay scale from the date of his classification till his death as held by the Hon'ble Supreme Court in the case of Ram Naresh Rawat.

(ii) Any other relief, which this Hon'ble Court may deem fit and proper, may also be given to the petitioner."

It is submitted by the counsel for the petitioner that the

husband of the petitioner was employed as daily wages as

Chowkidar in the respondents department. The husband of the

petitioner was classified as permanent employee on the post of

Chowkidar by order dated 09/06/2005. It is further submitted that

thereafter the husband of the petitioner has been declared as

Sthaikarmi. The husband of the petitioner has expired on

04/12/2018. 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 husband of the petitioner is

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 husband of 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 husband of the petitioner was classified by order dated

09/06/2005. Accordingly, if the classification is intact and if the

petitioner files a representation before the authorities for grant of

minimum pay scale from 09/06/2005 till the benefit of Sthaikarmi

is given to him, 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
         2021.08.04
         15:27:34 -07'00'