Girdhari Lal Sahu vs The State Of Madhya Pradesh
2021 Latest Caselaw 2318 MP

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               THE HIGH COURT OF MADHYA PRADESH

                              WP No.8470/2021
         (GIRDHARI LAL SAHU & ANR. VS. STATE OF M.P. & ORS.)

Gwalior dtd. 14/06/2021
         Shri Prakhar Dhengula, learned counsel for the petitioners.

         Shri D.D. Bansal, 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 salary as per graded pay

scale of the post of the Chowkidar 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 petitioners that

petitioner No.1 & 2 were employed as daily wagers as Chowkidar

& Labour respectively in the respondents department. They were

classified as permanent employee on the post of Chowkidar &

Labour by orders dated 09.11.2017 (Annexure P-3) and 30/04/2008

(Annexure P-2) respectively. It is further submitted that now they

have 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 petitioners are 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 petitioners are 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 petitioners No.1 & 2 were classified by orders dated

09.11.2017 (Annexure P-3) and 30/04/2008 (Annexure P-2)

respectively. Accordingly, if the classification is intact and if they

file a representation before the authorities for grant of minimum

pay scale from 09.11.2017 and 30.04.2008 respectively till the

benefit of Sthaikarmi is given to them, 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

Aman Aman Tiwari 2021.06.15 12:28:59 +05'30'