Malkhan Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8633 MP

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         THE HIGH COURT OF MADHYA PRADESH
                     WP-26308-2021
           Malkhan Singh Vs. State of MP and ors.

Gwalior, Dated : 10-12-2021

      Shri Devesh Sharma, Counsel for the petitioner.

      Shri Sanjay Sharma, Counsel for the State.

      This petition under Article 226 of the Constitution of India has

been filed seeking the following relief:-

              "7.1 That, the impugned action and order of
       respondents dt. 26/10/2017 Annexure P/1 may kindly

be declared as illegal and the same may kindly be quashed.

7.2 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 Pump Driver from the date of his 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 his Classification.

7.3 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 Pump Driver from the date of his Classification.

7.4 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 he was

employed as daily wages as Pump Driver in the respondents

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

Pump Driver by order dated 27.11.2004. 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

THE HIGH COURT OF MADHYA PRADESH WP-26308-2021 Malkhan Singh Vs. State of MP and ors.

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 27.11.2004

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

representation before the authorities for grant of minimum pay scale

from 27.11.2004 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) Judge Abhi ABHISHEK CHATURVEDI 2021.12.10 14:25:38 +05'30'