Ram Avtar Katare vs The State Of Madhya Pradesh
2021 Latest Caselaw 4905 MP

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          THE HIGH COURT OF MADHYA PRADESH
                     WP No.15614/2021
           Ram Avtar Katare vs. State of M.P. & Ors.

Gwalior, Dated : 01.09.2021

      Shri B.P. Singh, Counsel for the petitioner.

      Shri Deepak Khot, Government Advocate for the 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 classified post to the petitioner from the date of his classification 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 as Labour in the respondents department.

He was classified as permanent employee on the post of Labour by

order dated 17/06/1992. 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

THE HIGH COURT OF MADHYA PRADESH WP No.15614/2021 Ram Avtar Katare vs. State of M.P. & Ors.

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.

It is the claim of the petitioner that he was classified by order

dated 17/06/1992, however no order has been filed. Accordingly, after

verification of date of classification and in case if he was classified

and if the classification is intact and if he 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).

With aforesaid direction, the petition is finally disposed of.

                                                                  (G.S. Ahluwalia)
 (alok)                                                                 Judge




ALOK KUMAR
2021.09.02 09:57:56 +05'30'