Ramhet vs The State Of Madhya Pradesh
2021 Latest Caselaw 4490 MP

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         THE HIGH COURT OF MADHYA PRADESH
                     WP-15044-2021
              Ramhet Vs. State of MP and ors.

Gwalior, Dated :18.08.2021

      Shri APS Chauhan, Counsel for the petitioner.

      Shri Deepak Khot, Counsel 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 Gangman to the petitioner from the date 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 the

petitioner was employed as daily wages as Gangman in the

respondents department. He was classified as permanent employee on

the post of Gangman by order dated 22.03.2005. 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

THE HIGH COURT OF MADHYA PRADESH WP-15044-2021 Ramhet Vs. State of MP and ors.

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 22.03.2005.

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

representation before the authorities for grant of minimum pay scale

from 22.03.2005 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) Judge Abhi ABHISHEK CHATURVEDI 2021.08.18 16:54:31 +05'30'