Rafiq Ahmed vs Mr. Pankaj Agrawal
2021 Latest Caselaw 7301 MP

                                                                     1                             CONC-1588-2016
                                          The High Court Of Madhya Pradesh
                                                   CONC No. 1588 of 2016
                                               (RAFIQ AHMED AND OTHERS Vs MR. PANKAJ AGRAWAL AND OTHERS)

                                  3
                                  Jabalpur, Dated : 11-11-2021
                                        Shri Mayank Chaudhary, learned counsel for the petitioner.
                                        Shri K.S Wadhwa, learned counsel for the respondent no.2 to 5.

Shri Wadhwa submits that respondents have already complied the impugned order, therefore nothing survives for adjudication in this writ petition. In support of his contention, he has placed reliance on the order

dated 12/07/2017 enclosed with the compliance report asAnnexure R-1.

Shri Chaudhary submits that it is just a paper compliance. Issue of entitlement of permanent classification from the date of order and then grant of minimum of regular pay scale has already been settled and respondents have extended this benefit to about 465 employees. He further submits that vide order dated 26/08/2021 passed in W.P No. 4018/2020 (S) by the Gwalior Bench of this High Court has also dealt with this issue and has held that once petitioners were classified as permanent employees somewhere in the year 2003-04 then after that issue could not have been re-opened after

lapse of several years and they are entitled to benefit of grant of minimum of regular pay scale from the date of their classification. Placing reliance on this judgment, he submits that petitioner be granted same benefit as has been extended to similarly situated 465 employees.

Let a copy of the judgment dated 26/08/2021 passed in W.P No. 4018/2020(S) (Gwalior Bench) so also list of employees who have been extended benefit of grant of minimum of regular pay scale from the date of their orders of permanent classification be supplied to Shri K.S Wadhwa during course of the day.

Shri K.S Wadhwa, learned counsel for the respondent no.2 to 5 is granted further period of three weeks to file response. Signature Not Verified SAN List this case along with CONC No.1588/2016 and W.P

Digitally signed by TARUN KUMAR SALUNKE Date: 2021.11.11 18:19:12 IST 2 CONC-1588-2016 No.11465/2017 in the week commencing 13/12/2021.

(VIVEK AGARWAL) JUDGE

tarun

Signature Not Verified SAN

Digitally signed by TARUN KUMAR SALUNKE Date: 2021.11.11 18:19:12 IST