Ram Gopal vs The State Of Madhya Pradesh
2021 Latest Caselaw 907 MP

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         THE HIGH COURT OF MADHYA PRADESH
                    WP No.5361/2021
                Ram Gopal vs. State of M.P.

Gwalior, Dated : 19.03.2021

      Shri B.P. Singh, Counsel for the petitioner.

      Shri A.K. Nirankari, Panel Lawyer for the respondent/State.

This petition under Article 226 of the Constitution of India has

been filed seeking the following reliefs:

(i) That, a direction may kindly be given to the respondents to pay the salary as per graded pay scale of the post of Putaiya to the petitioner 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

petitioner was initially appointed on daily wages on the post of

Putaiya w.e.f. 01.02.1976 in Division No.1 of PWD, Gwalior and by

order dated 04.02.2004 he was classified and thereafter he was

extended the benefit of Viniyamitikaran Scheme. However, the

respondents in the light of the judgment passed by the Supreme Court

in the case of Ram Naresh Rawat Vs. Sri Ashwani Ray & Ors.

reported in (2017) 3 SCC 436 have not granted the benefit of

minimum of regular pay scale from the date of classification till the

date of grant of benefit of Viniyamitikaran Scheme. It is further

submitted that the petitioner has also retired on 31.5.2018.

THE HIGH COURT OF MADHYA PRADESH WP No.5361/2021 Ram Gopal vs. State of M.P.

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

petition suffers from delay and laches because the petitioner has

already retired on 31.5.2018 and he has not approached the Court

within a reasonable time.

Heard the learned counsel for the parties.

It is true that the delay and laches frustrates equity. The

petitioner has retired in the month of May, 2018. If the period of three

years is calculated from the date of retirement, then it is clear that the

present petition is within the period of limitation of three years.

Accordingly, it is directed that in case if the order of classification

had remained intact and the petitioner files a fresh representation for

grant of minimum of regular pay scale from the date of his

classification till the date on which the benefit of Viniyamitikaran

Scheme was extended, then the said representation shall be decided

in accordance with law in the light of the judgment passed by the

Supreme Court in the case of Ram Naresh Rawat (supra) within a

period of three months from the date of receipt of certified copy of

this order.

With aforesaid observations, the petition is finally disposed of.

(G.S. Ahluwalia) Judge (alok)

Digitally signed by ALOK KUMAR Date: 2021.03.22 10:16:16 +05'30'