Water Resource Department vs Antarsingh
2021 Latest Caselaw 3618 MP

Writ Appeal No.669/2019                                                1
Writ Appeal No.1167/2020



HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE

                     Writ Appeal No.669/2019
    The State of Madhya Pradesh & Another v/s Dharmraj Rathore

                     Writ Appeal No.1167/2020
        Water Recourse Department & Another v/s Antar Singh
Indore, dated 26.07.2021
        Heard through video conferencing.
        Shri Aditya Garg, learned Government Advocate for the
appellant / State.
        Heard on I.A. No.1940/2019. There is a delay of 24 days
in filing W.A. No.669/2019. Little delay is properly explained in
the application for condonation of delay which is allowed.
        Regard being had to the similitude of the singular
question involved, on the joint request of learned Government
Advocate matters are analogously heard. Facts

are taken from W.A. No.669/2019.

The challenge is mounted to the order passed by the Writ Court dated 05.12.2018, wherein Writ Court ordered as under:-

"6. The judgment of the Apex Court makes it very clear that an employee is not entitled for regular pay-scale but is entitled for minimum of the pay-scale from the date he was classified as permanent. Resultantly, the present petition stands allowed. The respondents are directed to pay the minimum of the pay-scale from the date the petitioner has been conferred permanent status w.e.f. 07.01.2002. The award passed by the labour dated 19.08.2010 is modified to the above stated extent. The petitioner shall be entitled for minimum of the pay-scale from 2002. The exercise of granting difference of minimum of the pay-scale along with arrears w.e.f. 17.01.2002 be concluded within a period of four months from the date of receipt of certified copy of this order.

With the aforesaid, writ petition stands disposed of."

Writ Appeal No.1167/2020

In para - 3 of writ appeal, the appellant averred as under:-

"BECAUSE, the Hon'ble Writ Court ought to have taken into consideration the fact that the respondent herein is not entitled for regular pay-scale and is only entitled for the grant of minimum of the pay-scale in the light of the judgment delivered in the case of Ram Naresh Rawat v/s Shri Ashwini Ray & Others."

The order of learned Single Judge is in consonance and in tune of the judgment of Supreme Court in the case of Ram Naresh Rawat v/s Sri Ashwini Rai & Others reported in 2017 (3) MPLJ 20. Nothing could be pointed to show that the order of the learned Single Judge runs contrary to the judgment of Supreme Court in Ram Naresh Rawat (supra) indeed it is clear that order of learned Single Judge is as per the dicta of Ram Naresh Rawat (supra).

Thus, both the appeals are devoid of substance and are hereby dismissed.

   (SUJOY PAUL)                                      (ANIL VERMA)
     JUDGE                                             JUDGE

Ravi

Digitally signed by RAVI PRAKASH
Date: 2021.07.27 10:07:02 +05'30'