Man Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 4191 MP

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            THE HIGH COURT OF MADHYA PRADESH
                      WP No.13577/2021
              (MAN SINGH VS. STATE OF M.P. & ORS.)

Gwalior dtd. 11/08/2021
      Shri B.P.Singh, learned counsel for the petitioner.

      Shri Deepak Khot, learned Government Advocate for the

State through video conferencing.

      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 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 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 the aforesaid direction, the petition is finally disposed

of.

                                                                                         (G.S.Ahluwalia)
      Pj'S/-                                                                                  Judge


PRINCEE
           Digitally signed by PRINCEE BARAIYA

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh,

BARAIYA 2.5.4.20=ce88aa5b434891871d72ac984b02d2dd d305c37fea4a35278b8e97535318b1b3, cn=PRINCEE BARAIYA Date: 2021.08.12 11:08:52 -07'00'