Natthu vs The State Of Madhya Pradesh
2022 Latest Caselaw 16599 MP

                                1
 IN    THE      HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                         BEFORE
      HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                 ON THE 14 th OF DECEMBER, 2022
                  WRIT PETITION No. 28074 of 2022

BETWEEN:-
NATTHU S/O SHRI LAKKHU RAM, AGED 52 YEARS,
OCCUPATION : SERVICE, R/O VILLAGE HAZINAGAR,
POST BANGAWAN, TEHSIL KARERA, DISTRICT
SHIVPURI (MADHYA PRADESH)

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

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

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

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

4.    EXECUTIVE   ENGINEER,    PUBLIC     WORKS
      DEPARTMENT, SHIVPURI DIVISION, SHIVPURI

                                                        .....RESPONDENTS
(BY SHRI DEVENDRA CHAUBEY - GOVERNMENT ADVOCATE)

      This petition coming on for admission 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:-

(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 he was employed as a Labour in the respondents department. He was classified as permanent employee on the post of Labour by order dated 9/7/2007. 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.

P e r 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 9/7/2007. Accordingly, if the classification is intact and if he files a representation before the authorities for grant of minimum pay scale from 9/7/2007 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).

The respondents shall be free to consider the effect of delay and laches in approaching the Court as well as respondents.

With aforesaid directions, the petition is finally disposed of.

(G.S. AHLUWALIA) JUDGE Aman AMAN TIWARI 2022.12.14 18:36:20 +05'30'