Suba Singh Dhakad vs The State Of Madhya Pradesh
2021 Latest Caselaw 6672 MP

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         THE HIGH COURT OF MADHYA PRADESH
                       WP.22524/2021
       Suba Singh Dhakad and Anr. v. State of MP and Ors.


Gwalior, Dated : 22.10.2021

      Shri K.K. Shrivastava, Counsel for the petitioners.

      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 give the benefit of regular/minimum pay

scale of the post on which the petitioners are working and classified as permanent employees as w.e.f. 21.10.2011 and pay the difference of arrears on fixation of pay from the date of classification along with interest at the rate of 18% p.a. as per the law laid down by Hon'ble Supreme Court in the case of Ramnaresh Rawat (Supra);

ii) That, the respondents may kindly be directed to regularize the services of the petitioners and make the member of GPF;

iii) Cost of this petition may kindly be awarded; and

iv) Any other relief which this Hon'ble Court deem fit in the facts and circumstances of the case may kindly be granted to the petitioner ".

It is submitted by the counsel for the petitioners that they were

employed as daily wages in the respondents department. They were

classified as permanent employee by order dated 21.10.2011 by

Annexure P/1. It is further submitted that now they have 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.

THE HIGH COURT OF MADHYA PRADESH WP.22524/2021 Suba Singh Dhakad and Anr. v. State of MP and Ors.

Per contra, it is submitted by the counsel for the State that the

petitioners are entitled for the minimum of the regular pay scale

without increment from the date of their classification only.

Heard the learned counsel for the parties.

The petitioners were classified by order dated 21.10.2011

Annexure P/1. Accordingly, if the classification is intact and if they

file 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,

RAHMAN 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e 1bc26d2b510cc133f1b56faa63e77b, cn=ABDUR RAHMAN Date: 2021.10.22 17:14:32 -07'00'