Laxman Barar vs The State Of Madhya Pradesh
2021 Latest Caselaw 5217 MP

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             THE HIGH COURT OF MADHYA PRADESH

                          WP No.16667/2021
             (LAXMAN BARAR Vs STATE OF M.P. & OTHERS)

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

      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 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 Chowkidar in the respondents

department. He was classified as permanent employee on the post

of Chowkidar by order dated 25.10.2005. 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 their classification only.

Heard the learned counsel for the parties.

The petitioner was classified by order dated 25.10.2005.

Accordingly, if the classification is intact and if he files

representation before the authorities for grant of minimum pay

scale from 25.10.2005 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 2021.09.08 17:08:57 +05'30'