Nihal Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 3298 MP

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            THE HIGH COURT OF MADHYA PRADESH
                          WP-12075-2021
               Nihal Singh Vs. State of MP and others

                      Through Video Conferencing

Gwalior, Dated : 14-07-2021

         Shri B.P. Singh, Counsel for the petitioner.

         Shri MPS Raghuvanshi, Additional Advocate General 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 minimum of pay in the

graded pay scale of the post of 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 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 entitled for the minimum of

THE HIGH COURT OF MADHYA PRADESH WP-12075-2021 Nihal Singh Vs. State of MP and others

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 him, i.e,

01.09.2016, 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 2021.07.15 10:33:46 +05'30'