Madhya Pradesh High Court
Likhiram Yaduvanshi vs The State Of Madhya Pradesh on 25 March, 2021
Author: Nandita Dubey
1 WP-6748-2021
The High Court Of Madhya Pradesh
WP-6748-2021
(LIKHIRAM YADUVANSHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 25-03-2021
Shri D.K. Kaurab, learned counsel for the petitioner.
Ms. Sharda Dubey, learned Panel Lawyer for the respondent/State.
Heard.
Petitioner has filed this petition aggrieved by the inaction of the
respondent in not extending the revised minimum pay as per the 7th pay
scale.
It is submitted that this Court in W.P. No. 5332/2010 (S) (Kishori Lal
Prajapati and others Vs. State of M.P. and others) has held that the
employees who are getting the benefit of minimum pay scale are entitled for
revision of pay scale on the recommendation of implementation by the State
Government. It is stated that the petitioner is receiving the minimum pay
scale as per 6th pay scale but his minimum pay scale is not being revised as
per the 7th Pay Scale. It is stated that in a similar case W.A. No.72/2020, the
Division Bench of this Court has considered the order passed in W.A. No.
204/2020 (State of M.P. through Narmada Valley Development Authority and
others Vs. Shankar Lal and others), wherein it has been held :-
"In the considered opinion of this Court and in the fitness of
t h i n gs , t h i s pet i t i on i s di s pos ed o f w i t h di r ec t i on that
respondents/employees shall be entitled for minimum of the
r evi s ed p a y s c a l e u n d e r 7 t h P a y Commis s ion a n d 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."
It is stated that the respondents may be directed to consider the claim
of the petitioner in the light of aforesaid judgment.
Learned counsel for the State has pointed out that the petitioner has not
Signature Not Verified
SAN
filed any representation or application for consideration of his claim before
Digitally signed by GEETHA NAIR
Date: 2021.03.26 13:14:07 IST
2 WP-6748-2021
the competent authority. It is prayed that the petitioner may be directed to file
a fresh representation alongwith supporting documents before the authority
concerned.
Considering the aforesaid, without adverting to the merits of the case,
this writ petition is disposed of with a direction to the petitioner to file a
representation alongwith all the supporting documents before the authority
concerned, who may decide the same as per law in the light of the judgment
passed in the case of Shankar Lal (supra) within a period of sixty days
from the date of receipt of the copy of the order passed today.
With the aforesaid direction, this petition stands disposed of.
Certified copy as per rules.
(NANDITA DUBEY)
JUDGE
gn
Signature Not Verified
SAN
Digitally signed by GEETHA NAIR
Date: 2021.03.26 13:14:07 IST
