Hakim Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6412 MP

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             THE HIGH COURT OF MADHYA PRADESH

                          WP No.14235/2021
               (HAKIM SINGH Vs STATE OF M.P. & OTHERS)

Gwalior dtd. 04/10/2021
      Shri B.P. Singh, Counsel for petitioner.

      Shri C.P. Singh, Counsel for State.

      This petition under Article 226 of the Constitution of India

has been filed seeking the following reliefs:-

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

of the post of the helper to the petitioner from the date of order 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 wager as Helper in the respondents department.

He was classified as permanent employee on the post of 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

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) Judge

Aman

AMAN TIWARI 2021.10.04 17:37:03 +05'30'