Mishrilal vs The State Of M.P.
2021 Latest Caselaw 4906 MP

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             THE HIGH COURT OF MADHYA PRADESH

                            WP No.16502/2021
             (MISHRILAL & OTHERS Vs THE STATE OF M.P. AND OTHERS)


Gwalior dtd. 01/09/2021
      Shri K.K. Shrivastava, Counsel for petitioners.

      Shri Neelesh Singh Tomar, 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 give the benefit of regular/minimum

pay scale of the post on which the petitioners are working and classified as permanent employee as w.e.f. 28.02.2014 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 wager as Labourer in the respondents

department. They were classified as permanent employee on the

post of Labourer by order dated 28.02.2014. 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 petitioners are 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 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 28.02.2014.

Accordingly, if the classification is intact and if they file

representation before the authorities for grant of minimum pay

scale from 28.02.2014 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 the aforesaid direction, the petition is finally disposed

of.

(G.S.Ahluwalia) Judge

Aman AMAN TIWARI 2021.09.01 16:52:43 +05'30'