Rakesh Savita vs The State Of Madhya Pradesh
2022 Latest Caselaw 5636 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                                WP No. 121 of 2022
                (RAKESH SAVITA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 19-04-2022
       Shri D.P. Singh, learned counsel for the petitioner.

       Shri Sushant Tiwari, learned Govt. Advocate for the respondent/State.

This petition under Article 226 of the Constitution of India has been filed seeking following reliefs:-

(i) That, the respondents may kindly be directed to extend benefits of permanent classified employee to the petitioner w.e.f. the date of his classification, in accordance with law with a further to pay difference of salary, arrears of pay etc. alongwith interest @ 18% per annum with a further to extend all consequential benefits. in the interest of justice.

(ii) Cost of the petition be awarded or

(iii) Any other suitable order or direction deemed fit in the circumstances of the case be issued in favour of the petitioner.

Learned counsel for the petitioner submits that he was employed as daily wages as Pump Operator/Attender in the respondents department. He was

classified as permanent employee on the post of Pump Operator/Attender vide order dated 22.1.2013. It is further submitted that now he has been declared as Sthaikarmi. However, in the light of judgment passed by Hon'ble 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 22.1.2013. Accordingly, if the classification is intact and if he files a representation before the authorities for grant

of minimum pay scale from 22.1.2013 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. E-copy/Certified copy as per rules/directions.

(MILIND RAMESH PHADKE) JUDGE

Pawar

ASHISH PAWAR 2022.04.20 11:00:01 +05'30'