Kali Charan vs The State Of Madhya Pradesh
2021 Latest Caselaw 7469 MP

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         THE HIGH COURT OF MADHYA PRADESH
                      WP.24002/2021
             Kalicharan v. State of MP and Ors.


Gwalior, Dated : 16.11.2021

      Shri B.P. Singh, 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:-

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

post of the Permanent Gangman to the petitioner from the date of his classification till 31.08.2016 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 in the respondents department. He was

classified as permanent employee by order dated 22.03.2005 by

Annexure P/2. 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 HIGH COURT OF MADHYA PRADESH WP.24002/2021 Kalicharan v. State of MP and Ors.

The petitioner is classified by order dated 22.03.2005 by

Annexure P/2. Accordingly, if the classification is intact and if he

files a representation before the authorities for grant of minimum pay

scale from the date of classification order till the benefit of

Sthaikarmi is given to them, 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 aforesaid direction, the petition is finally disposed of.

(G.S. Ahluwalia) Judge ar

ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26d2b510 cc133f1b56faa63e77b,

RAHMAN pseudonym=352E5BC6169A1C65270B76C8214AD91A9A2E28E B, serialNumber=1B0EA1B496C965067285A628B81AE07B60D342 048B7853E6108263F1DDCC0F50, cn=ABDUR RAHMAN Date: 2021.11.16 16:47:35 -08'00'