Ashok vs The State Of Madhya Pradesh
2021 Latest Caselaw 5273 MP

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               THE HIGH COURT OF MADHYA PRADESH
                         WP No.17584/2021
                   (ASHOK VS. STATE OF M.P. & ORS.)

Gwalior dtd. 09/09/2021
         Shri B.P. Singh, learned counsel for the petitioner.

         Shri Deepak Khot, learned Government Advocate 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 pay the minimum of pay in the

graded pay scale of the post of the post of Mason Helper to the petitioner 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 wages as Mason Helper in the respondents

department. He was classified as permanent employee on the post

of Mason Helper by order dated 03/6/2005. 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 his classification only.

Heard the learned counsel for the parties.

The petitioner was classified by order dated 03/6/2005.

Accordingly, if the classification is intact and if he files a

representation before the authorities for grant of minimum pay

scale from 03/6/2005 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) ar Judge

Digitally signed by ABDUR RAHMAN

ABDUR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

RAHMAN st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe 547304e1bc26d2b510cc133f1b56faa63e7 7b, cn=ABDUR RAHMAN Date: 2021.09.09 17:40:42 -07'00'