Shambhu Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 15918 MP

                                  1
IN    THE       HIGH       COURT OF MADHYA                        PRADESH
                            AT GWALIOR
                         BEFORE
      HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                   ON THE 1 st OF DECEMBER, 2022
                   WRIT PETITION No. 27607 of 2022

BETWEEN:-
SHAMBHU SINGH S/O LATE SHRI AMAR SINGH, AGED
57 YEARS, OCCUPATION: LABOUR R/O HAPPYDAYS
SCHOOL, KATTA MILL SHIVPURI (MADHYA PRADESH)

                                                                .....PETITIONER
(BY SHRI DEVESH SHARMA- ADVOCATE)

AND
1.    STATE OF MADHYA PRADESH THROUGH THE
      PRINCIPAL  SECRETARY,  PUBLIC WORK
      DEPARTMENT, VALLABH BHAWAN, BHOPAL
      (MADHYA PRADESH)

2.    ENGINEER-IN-CHIEF    PUBLIC    WORKS
      DEPARTMENT 27-28 FIRST FLORE, NIRMAN
      BHAWAN, ARERA HILLS, BHOPAL (MADHYA
      PRADESH)

3.    CHIEF ENGINEER, CHIEF ENGINEER   PUBLIC
      WORKS        DEPARTMENT NORTH    ZONES,
      THATIPUR, GWALIOR (MADHYA PRADESH)

4.    EXECUTIVE ENGINEER EXECUTIVE ENGINEER
      PUBLIC     WORKS    DEPARTMENT SAMBHAG
      SHIVPURI (MADHYA PRADESH)

                                                             .....RESPONDENTS
(SHRI C.P. SINGH- GOVERNMENT ADVOCATE FOR THE STATE )

      Th is petition coming on for hearing this day, th e court passed the
following:
                                   ORDER

This petition under Article 226 of the Constitution of India has been filed

seeking following reliefs:-

7.1 That, a direction may kindly be given to the respondents to give the service benefit and minimum pay scale of the post of the permanent classified Labour from the date of his 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 his 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 Labour from the date of his 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.

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.

It is submitted by the counsel for the petitioner that petitioner as employed as daily wages as Labour in the respondents department. He was classified as permanent employee on the post of Labour by order dated 12.04.2005. 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.

Heard the learned counsel for the parties.

The petitioner was classified by order dated 12.04.2005. Accordingly, if the classification is intact and if he files a representation before the authorities for grant of minimum pay scale from 12.04.2005 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 Avi

Digitally signed by ABHISHEK CHATURVEDI Date: 2022.12.01 17:42:28 +05'30'