Munnalal vs The State Of Madhya Pradesh
2021 Latest Caselaw 1118 MP

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               THE HIGH COURT OF MADHYA PRADESH
                         WP No.4950/2021
                 (MUNNALAL VS. STATE OF M.P. & ORS.)

Gwalior dtd. 26/03/2021
         None for the petitioner.

         Shri Varun Kaushik, Govt. Advocate for the respondent/

State.

This petition under Article 226 of the Constitution of India

has been filed seeking the following relief:-

"7.1 That, a direction may kindly be given to the respondents to give the service benefit and pay scale of the post of the permanent classified Helper from the date of his classification as permanent employee to the petitioner and pay the arrears of salary on fixation of pay along with all consequence benefits with interest from the date of his Classification.

7.2 That, the respondents may further be directed to treat the petitioner at par with their similarly placed co-employees with seniority and consequential benefits on the post of Helper from the date of his Classification.

7.3 That, any other relief, which this Hon'ble Court may deem fit and proper may also be given to the petitioner along with costs".

It is the case of the petitioner that he was employed as daily

wages employee on the post of Helper in the respondents

department. He was classified as permanent employee on the post

of Helper by order dated 03/06/2005. It is further claimed that now

he has been declared as Sthaikarmi. However, in the light of

judgment passed by Supreme Court in the case of Ram Naresh

Rawat Vs. Ashwini Ray reported in 2017 (3) SCC 436, the benefit

of minimum of regular pay scale without increment from the date

of classification till grant of benefit of Sthaikarmi has not been paid

and accordingly, it is claimed that the petitioner is entitled for the

minimum of regular pay scale without increment for the

aforementioned period.

Per contra, it is submitted by the counsel for the State that

the petitioner is entitled for the minimum of the regular pay scale

without increment from the date of his classification only.

Heard the learned counsel for the parties.

The petitioner was classified by order dated 03/06/2005.

Accordingly, if the classification is intact and if he files a

representation before the authorities for grant of minimum pay

scale from 03/06/2005 till the benefit of Sthaikarmi is given to him,

then the said representation shall be decided as early as possible

preferably within a period of one month from the date of

representation in the light of judgment passed in the case of Ram

Naresh Rawat (supra).

With the aforesaid direction, the petition is finally disposed

of.

                                                   (G.S.Ahluwalia)
ar                                                    Judge


               ABDUR RAHMAN
               2021.03.26
               19:21:20 +05'30'