Madhya Pradesh High Court
Natku vs The State Of Madhya Pradesh on 14 December, 2022
Author: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 14th OF DECEMBER, 2022
WRIT PETITION NO.28665 OF 2022
BETWEEN:-
NAKTU S/O LATE SHRI LAKHA, AGED 67
YEARS, OCCUPATION RETIRED LABOUR,
R/O SESAI SADAK, KOLARAS, SHIVPURI
(MADHYA PRADESH)
........PETITIONER
(BY SHRI DEVESH SHARMA - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL 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. SUPERINTENDING ENGINEER, PUBLIC
WORKS DEPARTMENT, MANDAL, GUNA
(MADHYA PRADESH).
5. EXECUTIVE ENGINEER, EXECUTIVE
ENGINEER, PUBLIC WORKS
DEPARTMENT, SAMBHAG, SHIVPURI
(MADHYA PRADESH)
2
........RESPONDENTS
(BY SHRI DEVENDRA CHAUBEY - GOVERNMENT ADVOCATE)
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This petition coming on for admission this day, the Court passed
the following:
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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 he was
employed as Labour in the respondents department and stood retired. He
was classified as permanent employee on the post of Labour by order
dated 4/12/2014. 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 4.12.2014. Accordingly,
if the classification is intact and if he files a representation before the
authorities for grant of minimum pay scale from 4.12.2014 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
18:47:33 +05'30'
