Sarnam Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 994 MP

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               THE HIGH COURT OF MADHYA PRADESH
                         WP No.19910/2019
                (SARNAM SINGH VS. STATE OF M.P. & ORS.)

Gwalior dtd. 23/03/2021
         Shri B.P.Singh,, learned counsel for the petitioner.

         Shri Varun Kaushik, learned Government Advocate for the

State.

         This petition under Article 226 of the Constitution of India

has been filed seeking the following relief:-

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

the post of the Mession helper 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 he was

employed as daily wages as Mession Helper in the respondents

department. He was classified as permanent employee on the post

of Mession Helper by order dated 03/06/2005. It is further

submitted 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 extension of benefit of

Sthaikarmi has not been paid and accordingly, it is submitted 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)
Pj'S/-                                                       Judge




         PRINCEE BARAIYA
         2021.03.24
         15:27:23 -07'00'