Anil Shrivastava vs The State Of Madhya Pradesh
2021 Latest Caselaw 3953 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       WP No.13554/2021
            Anil Shrivastava vs. State of M.P. & Ors.

                    Through Video Conferencing

Gwalior, Dated : 04.08.2021

      Shri B.P. Singh, Counsel for the petitioner.

      Shri C.P. Singh, Panel Lawyer for the respondent/State.

This petition under Article 226 of the Constitution of India has

been filed seeking the following reliefs:

(i) That, a direction may kindly be given to the respondents to pay the salary as per graded pay scale of the post of the Permanent Gangman to the petitioner from the date of order of his classification till 31.08.2016 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 he was

employed as daily wages as Permanent Gangman in the respondents

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

Permanent Gangman by order dated 31/12/2004. 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

THE HIGH COURT OF MADHYA PRADESH WP No.13554/2021 Anil Shrivastava vs. State of M.P. & Ors.

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.

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 31/12/2004.

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

representation before the authorities for grant of minimum pay scale

from 31/12/2004 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 aforesaid direction, the petition is finally disposed of.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2021.08.04 15:26:31 +05'30'