Kallu Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 8799 MP

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         THE HIGH COURT OF MADHYA PRADESH
                      WP-26920-2021
             Kallu Khan Vs. State of MP and ors.

Gwalior, Dated : 14-12-2021

      Shri Vishal Soni, Counsel for the petitioner.

      Shri Deepak Khot, Counsel for the State.

      This petition under Article 226 of the Constitution of India has

been filed seeking the following relief:-

             "(a) The petition may kindly be allowed.
             (b) Respondents be directed to grant the

benefits to the petitioners in accordance with the judgement of the Hon'ble Apex Court in the case of Ram Naresh Rawat Vs. Ashwini Ray & Ors. [(2017) 3 SCC 436].

(c) Any other relief which the Hon'ble Court deems fit in the facts and circumstances of the case."

It is submitted by the counsel for the petitioner that he was

employed as daily wages as Labour in the respondents department.

He was classified as permanent employee on the post of Labour by

order dated 29.06.2006. 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

THE HIGH COURT OF MADHYA PRADESH WP-26920-2021 Kallu Khan Vs. State of MP and ors.

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 29.06.2006

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

representation before the authorities for grant of minimum pay scale

from 29.06.2006 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 2021.12.14 16:43:17 +05'30'