Kalawati vs The State Of Madhya Pradesh
2021 Latest Caselaw 4192 MP

                                                          1

            THE HIGH COURT OF MADHYA PRADESH
                      WP No.14127/2021
              (KALAWATI VS. STATE OF M.P. & ORS.)

Gwalior dtd. 11/08/2021
      Shri Devesh Sharma, 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:-

             "7.1 That, a direction may kindly be given to the
      respondents to give the service benefit and pay scale of

the post of the permanent classified Helper from the date of her classification as permanent employee to the petitioner. And pay the arrears of salary on fixation of pay along with all consequence benefits with interest from the date of her Classification.

7.2 That, the respondents may further be directed to treat the petitioner at par with their similarly placed co-employees with seniority and consequential benefits on the post of helper from the date of her Classification.

7.3 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 petitioner that she was

employed as daily wages as Helper in the respondents department.

She was classified as permanent employee on the post of Helper by

order dated 03/06/2005. It is further submitted that now she 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 her classification only.

Heard the learned counsel for the parties.

The petitioner was classified by order dated 03/06/2005.

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

representation before the authorities for grant of minimum pay

scale from 03/06/2005 till the benefit of Sthaikarmi is given to her,

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
              Digitally signed by PRINCEE BARAIYA
              DN: c=IN, o=HIGH COURT OF


PRINCEE       MADHYA PRADESH BENCH
              GWALIOR, ou=HIGH COURT OF
              MADHYA PRADESH BENCH
              GWALIOR, postalCode=474011,


BARAIYA
              st=Madhya Pradesh,

2.5.4.20=ce88aa5b434891871d72ac9 84b02d2ddd305c37fea4a35278b8e9 7535318b1b3, cn=PRINCEE BARAIYA Date: 2021.08.12 11:08:40 -07'00'