The State Of Madhya Pradesh vs Girish Sharma
2021 Latest Caselaw 2604 MP

                                                         1                                WA-637-2020
                              The High Court Of Madhya Pradesh
                                          WA-637-2020
                            (THE STATE OF MADHYA PRADESH AND OTHERS Vs GIRISH SHARMA AND OTHERS)


                      Jabalpur, Dated : 22-06-2021
                            Heard through Video Conferencing.

                            Shri Bramhadatt Singh and Shri Ankit Agrawal, Government
                      Advocates for the appellants/State.
                            Shri Rahul Deshmukh, Advocate for the respondents/writ-petitioners.

T h e present writ appeal has been filed under Section 2(1) of the

Ma d h y a Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 being aggrieved by the order dated 19.08.2019 passed by the Single Judge in W.P. No.21189/2017 whereby the writ petition filed by the respondents/writ-petitioners has been allowed directing the appellants to provide the benefit of 7th Pay Commission to the writ-petitioners alongwith all the consequential benefits within a period of three months.

The respondent/writ petitioners filed a writ petition being aggrieved by the action/order of the appellants, whereby it was held that the writ-petitioners who are in regular service will not be entitled to the benefit of 7th Pay

Commission. The same was challenged on the ground that similarly situated employees have been granted the benefit of 7th Pay Commission and they are working in the department for 20 years and they are also entitled for the same benefit.

Learned Single Judge relying on an order dated 17.07.2019 passed in W.P. No.2510/2018 ( Deepak Kumar Gangrade & others Vs. State of M.P. & others) and the order 3.7.2012 passed in W.P.No.5332/2010 in the case of Kishorilal Prajapati & Ors. vs. State of M.P. & Ors. allowed the writ petition and directed for consideration of the cases of the petitioners for grant of the benefit of 7th Pay Commission as per the order passed in the case of Kishorilal Prajapati.

Learned counsel for the appellants submitted that the respondents are Signature Not SAN Verified classified permanent employees working in the establishment of appellants. Digitally signed by CHRISTOPHER PHILIP Date: 2021.06.23 15:09:24 IST 2 WA-637-2020 They are not working against any vacant post and are not regular employees. In pursuance to the order passed by the High Court they were extended the minimum scale of pay as per the 5th and 6th Pay Commission recommendations. It is also submitted that the case of the respondents are not at par with the writ petitioners in the case of Kishorilal Prajapati (supra)

as they were engaged against the vacant posts and therefore, the writ petitioners shall be entitled for consideration of grant of minimum of the 7th Pay Commission recommendations as previously also they were granted benefit of 5th and 6th Pay Commission recommendations.

Learned counsel for the respondents alongwith the reply, filed a copy of the order dated 14.02.2020 passed by a Coordinate Bench at Indore in W.A. No.204/2020 (State of Madhya Pradesh through Narmada Valley Development Department and others vs. Shankarlal and others) and submitted that case of the present writ petitioners is similar to the case of the writ petitioners Shankarlal and others in the aforesaid case. In the case of Shankarlal and others, the following order has been passed :-

"In the considered opinion of this Court and in the fitness of things, this petition is disposed of with direction that respondents/employees shall be entitled for minimum of the revised pay scale under 7th Pay Commission and other allowances with arrears payable to them within three months as ordered by the learned Single Judge. With the aforesaid modification and directions, writ petition stands disposed of."

Apart from this, learned counsel for the appellants also placed reliance on the judgment passed by the Supreme Court in the case of Ram Naresh Rawat vs. Ashwini Ray and others (2017) 3 SCC 436, where a distinction was made between the permanent and regular employee and it was held that a classified employee on conferment of permanent status, would be getting only minimum of the pay scale with no increments. It is only the regularization in

Signature Not service which would entail grant of increments etc. in the pay scale. SAN Verified

Digitally signed by CHRISTOPHER PHILIP Date: 2021.06.23 15:09:24 IST 3 WA-637-2020 In view of the aforesaid, we are inclined to follow the order passed by the Coordinate Bench in the case of Shankarlal (supra) dated 14.2.2020 and direct that the appellants shall consider the case of the writ petitioners for the minimum of the revised pay scale under the 7th Pay Commission and other allowances with arrears.

With the aforesaid, the writ appeal is partly allowed and the order passed by the learned Single Judge is modified to the extent as indicated hereinabove.

                           (MOHAMMAD RAFIQ)                               (VIJAY KUMAR SHUKLA)
                            CHIEF JUSTICE                                            JUDGE


                      C




Signature
 SAN      Not
Verified

Digitally signed by
CHRISTOPHER
PHILIP
Date: 2021.06.23
15:09:24 IST