Smt Bharti Shakya W/O Shri ... vs The State Of Madhya Pradesh
2021 Latest Caselaw 656 MP

   1      THE HIGH COURT OF MADHYA PRADESH
                   Writ Petition No.4835/2021
          Smt. Bharti Shakya Vs. State of M.P. and others

Gwalior, Dated:12/03/2021

       Shri B.P. Singh, Advocate for petitioner.

       Shri    Deepak       Khot,     Government        Advocate        for

respondents/State.

This petition under Article 226 of the Constitution of India has

been filed for seeking the following reliefs:-

"(i) That, a direction may kindly be given to the respondents to pay the petitioner the claim of petitioner's father as minimum of the pay of the classified post as per graded pay scale from the date of his classification as held by the Hon'ble Supreme Court in the case of Ram Naresh Rawat.

(ii) Any other relief, which this Hon'ble Court may deem fit and proper, may also be given to the petitioner."

It is submitted by the counsel for the petitioner that the father

of the petitioner was engaged on daily-wages on the post of

Helper/Labour on 1/8/1978 and he was classified as permanent by

order dated 25/10/2005 and he expired on 22/10/2012. Later on, the

Supreme Court in the case of Ram Naresh Rawat Vs. Ashwini Ray

reported in 2017 (3) SCC 436 has held that the classified employees

are entitled for minimum of regular pay scale without increments

from the date of their classification and since the respondents have

not paid the arrears, therefore, the present petition has been filed.

Heard learned counsel for the petitioner.

The father of the petitioner had already expired much before 2 THE HIGH COURT OF MADHYA PRADESH Writ Petition No.4835/2021 Smt. Bharti Shakya Vs. State of M.P. and others

the pronouncement of judgment by the Supreme Court in the case of

Ram Naresh Rawat (supra). It is not the case of the petitioner that

her father was prosecuting his cause for grant of regular pay scale.

Further, the father of the petitioner had expired on 22/10/2012 and

the judgment in the case of Ram Naresh Rawat (supra) was passed

in the year 2016, whereas the present petition has been filed in the

year 2021. Even otherwise, the petitioner has not explained the delay

in filing this writ petition. It is undisputed that the delay and laches

frustrates the equity. Accordingly, this Court is of the considered

opinion that no relief can be granted to the petitioner.

Accordingly, this petition fails and is hereby dismissed.

(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2021.03.16 10:39:13 +05'30'