Suresh vs The State Of Madhya Pradesh
2022 Latest Caselaw 16093 MP

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        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                            BEFORE
       HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                  ON THE 5th OF DECEMBER, 2022

                 WRIT PETITION NO. 27934 OF 2022

     Between:-

     SURESH S/O LATE SHRI DHANIRAM,
     AGED 56 YEARS, OCCUPATION LABOUR,
     R/O     KALARBAG,     KAMLAGANJ,
     SHIVPURI (MADHYA PRADESH)
                                                   ........PETITIONER

     (BY SHRI DEVESH SHARMA - ADVOCATE)

     AND

1.   STATE    OF   MADHYA     PRADESH
     THROUGH THE PRINCIPLE SECRETARY,
     PUBLIC WORK DEPARTMENT, VALLABH
     BHAVAN, BHOPAL (MADHYA PRADESH)

2.   ENGINEER-IN-CHIEF, PUBLIC WORK
     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

     (BY SHRI G.K. AGRAWAL - GOVERNMENT ADVOCATE FOR THE
     STATE)
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       This petition coming on for hearing this day, the 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.

It is submitted by the counsel for the petitioner that petitioner was employed as daily wages as Labour in the respondents department. He was classified as permanent employee on the post of Labour by order dated 09.07.2007. 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 09.07.2007. Accordingly, if the classification is intact and if he files a representation before the authorities for grant of minimum pay scale from 09.07.2007 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 (alok)

ALOK KUMAR 2022.12.05 18:05:16 +05'30'