Gulbi vs The State Of Madhya Pradesh
2022 Latest Caselaw 16523 MP

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                                 IN    THE      HIGH COURT OF MADHYA
                                                    PRADESH
                                                  AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                          ON THE 13 th OF DECEMBER, 2022
                                          WRIT PETITION No. 28077 of 2022

                           BETWEEN:-
                           GULBI S/O SHRI LAKKHU RAM DHOBI, AGED 50
                           YEAR S , OCCUPATION: SERVICE RESIDENT OF
                           HAZINAGAR POST BANGAWAN, TEHSIL KARERA
                           DISTRICT SHIVPURI (MADHYA PRADESH)

                                                                                  .....PETITIONER
                           (BY SHRI B.P. SINGH - ADVOCATE )

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

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

                           3.    CHIEF   ENGINEER, PUBLIC   WORKS
                                 DEPARTMENT (NORTH ZONE), THATIPUR
                                 MORAR, DISTRICT GWALIOR (MADHYA
                                 PRADESH)

                           4.    EXECUTIVE ENGINEER, PUBLIC WORKS
                                 D E P A R T M E N T , SHIVPURI DIVISION,
                                 SHIVPURI (MADHYA PRADESH)

                                                                                .....RESPONDENTS
                           (BY SHIR DEVENDRA CHOUBEY - GOVERNMENT ADVOCATE)

                                 This petition coming on for hearing this day, the court passed the



Signature Not Verified
Signed by: SHUBHANKAR
MISHRA
Signing time: 13-12-2022
05:36:36 PM
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                           following:
                                                               ORDER

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

(i) That, a direction may kindly be given to the respondents to pay the minimum of pay in the graded pay scale of the post of helper to the petitioner from the date of his classification as held by the Hon'ble Supreme Court in the case of Ram Naresh Rawat.

(ii) Any other relief, which this Hon'ble Court may deem fit and proper, may also be given to the petitioner.

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

was employed on daily wages as Helper in the respondents department. He was classified as permanent employee on the post of Helper 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.

Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 13-12-2022 05:36:36 PM

Heard the learned counsel for the parties. T h e petitioner was classified by order dated 09.07.2007. Accordingly, if the classification is intact and if he files 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 Shubhankar

Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 13-12-2022 05:36:36 PM