Saroj Yadav (Legal Heir) vs The State Of Madhya Pradesh
2021 Latest Caselaw 7463 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       WP-23535-2021
            Saroj Yadav Vs. State of MP and others

Gwalior, Dated: 16-11-2021

      Shri Devesh Sharma, Counsel for the petitioner.

      Shri Deepak Khot, Counsel 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 Sthayee gang from the date of her 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 Sthayee gang from the date of 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 husband of

the petitioner was working on the post of Carpenter as a daily wager.

He was declared classified by order dated 21.01.2004. The order of

classification remained intact. The husband of the petitioner was

declared Sthaikarmi, however, he died on 04.01.2007. 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

THE HIGH COURT OF MADHYA PRADESH WP-23535-2021 Saroj Yadav Vs. State of MP and others

date of classification till extension of benefit of Sthaikarmi has not

been paid and accordingly, it is submitted that the husband of the

petitioner is entitled for the minimum of regular pay scale without

increment for the aforementioned period.

Per contra, petition is vehemently opposed by the counsel for

the State. It is submitted that although the petitioner has claimed that

her husband was classified on 21.01.2004, but the order of

classification which has been placed on record is vague and the date

of classification is not clear. It is submitted that on the first page of

Annexure P-1, date is not mentioned whereas on the last page of

Annexure P-1, the date has been mentioned as 2/03/200 (illegible).

However, by referring to the details of the authorities to whom copy

of the classification order was sent, at Serial No. 2 it is mentioned

that in compliance of order dated 01.11.2004 issued by Chief

Engineer, copy of classification order is being sent. Furthermore, by

referring to the opening words of the classification order, it is

submitted that it is clear that classification order was issued after

04.01.2005. It is further submitted by the counsel for the State that

the husband of the petitioner is entitled for the minimum of the

regular pay scale without increment from the date of order of

classification only.

THE HIGH COURT OF MADHYA PRADESH WP-23535-2021 Saroj Yadav Vs. State of MP and others

Heard the learned counsel for the parties.

The husband of the petitioner was classified. Accordingly, if

the classification is intact and if the petitioner files a representation

before the authorities for grant of minimum pay scale from the date

of order of classification 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). It is made clear that before deciding the

representation, the authorities shall give a specific finding with

regard to the date of order of classification.

With aforesaid direction, the petition is finally disposed of.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2021.11.17 19:28:42 +05'30'