Ramnath Jha vs State Of Mp
2021 Latest Caselaw 3630 MP

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         THE HIGH COURT OF MADHYA PRADESH
                       WP No.12992/2021
             (RAMNATH JHA VS. STATE OF M.P. & ORS.)

                    Through Video Conferencing

Gwalior, Dated : 26/07/2021

      Shri K.K.Shrivastava, learned counsel for the petitioner.

      Shri Deepak Khot, 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, the impugned action on the annexure
      P-1 of the respondents may kindly be declared as illegal

and the same may kindly be quashed;

(ii) That, a direction may kindly be given to the respondents to give the benefit of regular/minimum pay scale of the post on which the petitioner are working and classified as permanent employees as w.e.f. 11.03.2006 and pay the difference of arrears on fixation of pay from the date of classification along with interest at the rate of 18% p.a. As per the law laid down by Hon'ble Supreme Court in the case of Ramnaresh Rawat (Supra);

(iii) That, the respondents may kindly be directed to regularized the services of the petitioner and make the member of GPF;

(iv) Cost of this petition may kindly be awarded; and v) Any other relief which this Hon'ble Court deem fit in the facts and circumstances of the case may kindly be granted to the petitioner"

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

employed as daily wages as Chowkidar in the respondents

department and has stood retired. He was classified as permanent

employee on the post of Chowkidar by order dated 11/03/2006. It is

further submitted that thereafter, he was 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 his classification only.

Heard the learned counsel for the parties.

The petitioner was classified by order dated 11/03/2006.

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

representation before the authorities for grant of minimum pay scale

from 11/03/2006 till the benefit of Sthaikarmi is given to his, 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 2021.07.27 19:16:49 -07'00'