Smt. Sheela Bai vs The State Of Madhya Pradesh
2021 Latest Caselaw 3524 MP

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            THE HIGH COURT OF MADHYA PRADESH
                          WP No.12171/2021
              (SMT. SHEELA BAI VS. STATE OF M.P. & ORS.)

                        Through Video Conferencing

Gwalior, Dated : 22/07/2021

         Shri B.P.Singh, learned counsel for the petitioner.

         Shri Abhishek Mishra, 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 minimum of pay in the graded

pay scale of the post of permanent Reja/ gangman to the petitioner from the date of her classification as held by the Hon'ble Supreme Court in the case of Ram Naresh Rawat till 31.08.2016.

(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 she was

employed as daily wages as Reja/gangman in the respondents

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

Reja/gangman by order dated 22/03/2005. It is further submitted that

now she 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 her 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 she files a

representation before the authorities for grant of minimum pay scale

from 22/03/2005 till the benefit of Sthaikarmi is given to her, 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 Pj'S/-

PRINCEE BARAIYA 2021.07.22 18:41:46 -07'00'