Lalaram Rajak vs The State Of Madhya Pradesh
2021 Latest Caselaw 2319 MP

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               THE HIGH COURT OF MADHYA PRADESH

                            WP No.8194/2021
          (LALARAM RAJAK & OTHERS VS. STATE OF M.P. & ORS.)

Gwalior dtd. 14/06/2021
         Shri K.K. Shrivastava, 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 reliefs:-

               "(i)   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 petitioners are working and classified as permanent employees as w.e.f. 21.11.2010 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);

(ii) That, the respondents may kindly be directed to regularize the services of the petitioners and make the member of GPF;

(iii) Cost of this petition may kindly be awarded; and

(iii) Any other relief which this Hon'ble Court may deem fit in the facts and circumstances of the case may kindly be granted to the petitioners."

It is submitted by the counsel for the petitioners that

petitioners were employed as daily wagers as Laborers in the

respondents department. They were classified as permanent

employees on the post of Laborers by order Annexure P-1. 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 were classified by order Annexure P-1.

Accordingly, if the classification is intact and if they file a

representation before the authorities for grant of minimum pay

scale from 21.11.2010 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 12:28:20 +05'30'