Shiv Lahari Chaturvedi vs The State Of Madhya Pradesh
2021 Latest Caselaw 5216 MP

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             THE HIGH COURT OF MADHYA PRADESH

                          WP No.15420/2021
       (SHIV LAHARI CHATURVEDI & OTHERS Vs STATE OF M.P. &
                          OTHERS)

Gwalior dtd. 08/09/2021
      Shri B.P. Singh, Counsel for petitioners.

      Shri Deepak Khot, 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 minimum of the pay of the

classified post as per graded pay scale from the date of their 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 petitioners that

petitioners were employed as daily wager as Chowkidar in the

respondents department. They were classified as permanent

employee on the post of Chowkidar by order dated 20.01.2006. 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 20.01.2006.

Accordingly, if the classification is intact and if he files

representation before the authorities for grant of minimum pay

scale from 20.01.2006 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 2021.09.08 17:08:35 +05'30'