Smt Sagun vs The State Of Madhya Pradesh
2021 Latest Caselaw 4615 MP

                                                                1

               THE HIGH COURT OF MADHYA PRADESH
                          WP No.15189/2021
                 (SMT. SAGUN VS. STATE OF M.P. & ORS.)

Gwalior dtd. 24/08/2021
         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 salary as per graded pay

scale of the post of the Permanent Gangman to the petitioner from the date of his classification 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 Gangman in the respondents

department. He was classified as permanent employee on the post

of Gangman by order dated 24/12/2004. 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 24/12/2004.

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

representation before the authorities for grant of minimum pay

scale from 24/12/2004 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)
ar                                                                    Judge


              Digitally signed by ABDUR RAHMAN
              DN: c=IN, o=HIGH COURT OF


     ABDUR
              MADHYA PRADESH BENCH
              GWALIOR, ou=HIGH COURT OF
              MADHYA PRADESH BENCH
              GWALIOR, postalCode=474001,


     RAHMAN
              st=Madhya Pradesh,

2.5.4.20=d604b5a66b413c436e6af9 9c6fe547304e1bc26d2b510cc133f1 b56faa63e77b, cn=ABDUR RAHMAN Date: 2021.08.24 18:38:51 -07'00'