Rajkishore Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 5791 MP

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          THE HIGH COURT OF MADHYA PRADESH
                        WP-19785-2021
           Rajkishore Sharma Vs. State of MP and ors.

Gwalior, Dated: 21-09-2021

      Shri Vishal Soni, Counsel for the petitioner.

      Shri Deepak Khot, Counsel for the State.

      This petition under Article 226 of the Constitution of India has

been filed seeking the following relief:-

               "(a) The petition may kindly be allowed.
               (b) Respondents be directed to grant benefits

to the petitioners in accordance with the judgement of the Hon'ble Apex Court in the case of Ram Naresh Rawat Vs. Ashwini Ray & Ors [(2017) 3 SCC 436].

(c) Any other relief which the Hon'ble Court deems fit in the facts and circumstances of the case."

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

employed as daily wages as Labourer in the respondents department.

He was classified as permanent employee on the post of Mession

Helper by order dated 25.01.2006. It is further submitted that now he

has been regularized by order dated 15.02.2018. 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 regularization 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

THE HIGH COURT OF MADHYA PRADESH WP-19785-2021 Rajkishore Sharma Vs. State of MP and ors.

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 25.01.2006.

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

representation before the authorities for grant of minimum pay scale

from 25.01.2006 till the benefit of regularization, i.e., 15.02.2018 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 Abhi ABHISHEK CHATURVEDI 2021.09.21 18:50:25 +05'30'