Smt. Kasturi Bai vs The State Of Madhya Pradesh
2021 Latest Caselaw 2524 MP

   1      THE HIGH COURT OF MADHYA PRADESH
                  Writ Petition No.10034/2021
           Smt. Kasturi Bai Vs. State of M.P. and others

                 Through Video Conferencing
Gwalior, Dated:18/06/2021

       Shri B.P. Singh, Advocate for petitioner.

       Shri MPS Raghuvanshi, Additional Advocate General for

respondents/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 pay the petitioner the claim of petitioner's husband as minimum of the pay of the classified post as per graded pay scale 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 counsel for the petitioner that the husband of

the petitioner Late Shri Data Ram Baghel was working as a daily

wager. Later on, he was classified. He expired on 27/11/2014 after

his superannuation. It is alleged that the Supreme Court in the case of

Ram Naresh Rawat Vs. Ashwini Ray reported in 2017 (Vol 3)

SCC 436 by judgment dated 15/12/2016 has held that the classified

employees are entitled for minimum of pay scale without any

increment from the date of their respective classification.

Heard the learned Counsel for the petitioner.

The Petitioner in the entire writ petition, has not disclosed that 2 THE HIGH COURT OF MADHYA PRADESH Writ Petition No.10034/2021 Smt. Kasturi Bai Vs. State of M.P. and others

on what date, the husband of the petitioner had retired, however, in

the list of events, it is mentioned that the husband of the petitioner

expired after retirement. Further, the petitioner has not filed the

complete copy of service book. Thus, the date of retirement of the

husband of the petitioner is not known. But one thing is clear that

the husband of the petitioner had also retired much prior to his death

i.e., 27-11-2014.

It is fairly conceded by the counsel for the petitioner that the

petitioner did not approach this Court at the earliest and this Court by

order dated 12/3/2021 passed in Writ Petition No.4835/2021 in the

case of Smt. Bharti Shakya Vs. State of MP and others has

dismissed the identical petition.

Accordingly, this petition is also dismissed in the light of the

order passed in the case of Smt. Bharti Shakya (supra.)

(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2021.06.25 11:33:43 +05'30'