Madhya Pradesh High Court
The State Of Madhya Pradesh vs Rajesh Gour on 22 June, 2021
Author: Chief Justice
1 WA-735-2020
The High Court Of Madhya Pradesh
WA-735-2020
(THE STATE OF MADHYA PRADESH AND OTHERS Vs RAJESH GOUR AND OTHERS)
Jabalpur, Dated : 22-06-2021
Heard through Video Conferencing.
Shri Bramhadatt Singh and Shri Ankit Agrawal, Government
Advocates for the appellants/State.
Ms. Sudha Gautam, 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 28.11.2019 passed by
the Single Judge in W.P. No.3452/2019 whereby the writ petition filed by the
respondents/writ-petitioners has been allowed and the impugned order has
been quashed. It has been ordered that the appellants will reconsider the case
of the writ-petitioners within three months from the date of submission of
certified copy of the order for grant of benefit of 7th Pay Commission as per
the order dated 17.07.2019 passed in W.P.No.2510/2018 to the writ-
petitioners alongwith all the consequential benefits.
T h e respondents/writ petitioners being aggrieved by the impugned
order filed a writ petition 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
Signature Not
SAN
Verified case of Kishorilal Prajapati.
Digitally signed by
CHRISTOPHER
PHILIP
Date: 2021.06.23
15:09:28 IST
2 WA-735-2020
Learned counsel for the appellants submitted that the respondents are
classified permanent employees working in the establishment of appellants.
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
Signature Not
classified employee on conferment of permanent status, would be getting only
SAN
Verified
Digitally signed by
CHRISTOPHER
PHILIP
Date: 2021.06.23
15:09:28 IST
3 WA-735-2020
minimum of the pay scale with no increments. It is only the regularization in
service which would entail grant of increments etc. in the pay scale.
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 respondents/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
15:09:28 IST
