Sushila vs The State Of Madhya Pradesh
2021 Latest Caselaw 5783 MP

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          THE HIGH COURT OF MADHYA PRADESH
                      WP No.19778/2021
                Sushila vs. State of M.P. & Ors.

Gwalior, Dated : 21.09.2021

      Shri Devesh Sharma, 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:

                    7.1 That, a direction may kindly be given
             to the respondents to give the service benefit and

pay scale of the post of the permanent classified Sthaee gang from the date of her classification as permanent employee to the petitioner. And pay the arrears of salary on fixation of pay along with all consequence benefits with interest from the date of her Classification.

7.2 That, the respondents may further be directed to treat the petitioner at par with their similarly placed co-employees with seniority and consequential benefits on the post of Sthaee gang from the date of her Classification.

7.3 That, any other relief, which this Hon'ble Court may deem fit and proper may also be given to the petitioner along with costs.

It is submitted by the counsel for the petitioner that she was

employed as daily wages as Sthaee Gang in the respondents

department. She was classified as permanent employee on the post of

Sthaee Gang by order dated 31/12/2004. It is further submitted that

now she 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

THE HIGH COURT OF MADHYA PRADESH WP No.19778/2021 Sushila vs. State of M.P. & Ors.

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 her classification only.

Heard the learned counsel for the parties.

The petitioner was classified by order dated 31/12/2004.

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

representation before the authorities for grant of minimum pay scale

from 31/12/2004 till the benefit of Sthaikarmi is given to her, 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) Judge Abhi ABHISHEK CHATURVEDI 2021.09.21 17:17:05 +05'30'