Madhya Pradesh High Court
The State Of Madhya Pradesh vs Rupsingh on 22 June, 2021
Author: Chief Justice
1 WA-702-2020
The High Court Of Madhya Pradesh
WA-702-2020
(THE STATE OF MADHYA PRADESH AND OTHERS Vs RUPSINGH)
Jabalpur, Dated : 22-06-2021
Heard through Video Conferencing.
Shri Bramhadatt Singh and Shri Ankit Agrawal, Government
Advocates for the appellants/State.
Mrs. Pushpa Joshi, Advocate for the respondent/writ-petitioner.
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 27.2.2020 passed by the
Single Judge in W.P. No.17682/2018 whereby the writ petition filed by the
respondent/writ-petitioner has been allowed. It has been ordered that the
appellants will reconsider the case of the writ-petitioner 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-petitioner alongwith all the consequential
benefits.
The respondents/writ petitioner being aggrieved by the impugned order
filed a writ petition whereby it was held that the writ-petitioner who is 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 he is working in the
department for 20 years and he is 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
15:09:25 IST
2 WA-702-2020
Learned counsel for the appellants submitted that the respondent is
classified permanent employees working in the establishment of appellants.
He is not working against any vacant post and is not regular employee. In
pursuance to the order passed by the High Court he was extended the
minimum scale of pay as per the 5th and 6th Pay Commission
recommendations. It is also submitted that the case of the respondent is 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 petitioner
shall be entitled for consideration of grant of minimum of the 7th Pay
Commission recommendations as previously also he was granted benefit of
5th and 6th Pay Commission recommendations.
Learned counsel for the respondent 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 petitioner 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
15:09:25 IST
3 WA-702-2020
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 respondent/writ-
petitioner 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
15:09:25 IST
