Bhagirath vs The State Of Madhya Pradesh
2021 Latest Caselaw 995 MP

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               THE HIGH COURT OF MADHYA PRADESH
                         WP No.5916/2021
                 (BHAGIRATH VS. STATE OF M.P. & ORS.)

Gwalior dtd. 23/03/2021
         Shri Devesh Sharma, learned counsel for the petitioner.

         Shri Deepak Khot, learned Government Advocate for the

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 Labour 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 Labour 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 submitted by the counsel for the petitioner that he was

employed as daily wages as Labour in the respondents department.

He was classified as permanent employee on the post of Labour by

order dated 19/06/2008. 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 19/06/2008,

accordingly, if he files a representation before the authorities for

grant of minimum pay scale from 19/06/2008 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.

With the aforesaid direction, the petition is finally disposed

of.

                                                            (G.S.Ahluwalia)
Pj'S/-                                                          Judge


         PRINCEE BARAIYA
         2021.03.23
         18:40:32 -07'00'