Madhya Pradesh High Court
Ramdas Dhobi vs The State Of Madhya Pradesh on 16 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 16 th OF DECEMBER, 2022
WRIT PETITION No. 28728 of 2022
BETWEEN:-
1.
RAMDAS DHOBI S/O SHRI BRIJLAL DHOBI, AGED
ABOUT 50 YEARS, OCCUPATION: CLASSIFIED
EMPLOYEE, ARDHKUSHAL P.W.D. SUB. DIVISION
KHANIYADHANA DIVISION SHIVPURI, ADDRESS
KHANIYADHANA SHIVPURI (MADHYA PRADESH)
2. DASHRATH SINGH S/O SHRI SARNAM SINGH
THAKUR, AGED ABOUT 61 YEARS, OCCUPATION:
CLASSIFIED EMPLOYEE ARDHKUSHAL P.W.D.
SUB. DIV. KHANIYADHANA DIV. SHIVPURI
ADDRESS KHANIYADHANA, SHIVPURI (MADHYA
PRADESH)
3. BHAIYA LAL S/O AJJUDI LAL DHEMAR, AGED
ABOUT 60 YEARS, OCCUPATION: CLASSIFIED
EMPLOYEE ARDHKUSHAL P.W.D. SUB. DIV.
KHANIYADHANA DIV. SHIVPURI TEH.
KHANIYADHANA, DISTRICT SHIVPURI (MADHYA
PRADESH)
4. SITARAM LODHI S/O APARBAL LODHI, AGED
ABOUT 60 YEARS, OCCUPATION: CLASSIFIED
EMPLOYEE ARDHKUSHAL P.W.D. SUB. DIV.
KHANIYADHANA DIV. SHIVPURI TEH.
KHANIYADHANA, SHIVPURI (MADHYA PRADESH)
5. BRAJESH SINGH S/O SHRI LAXMAN SINGH, AGED
ABOUT 51 YEARS, OCCUPATION: CLASSIFIED
EMPLOYEE ARDHKUSHAL P.W.D. SUB. DIV.
KHANIYADHANA DIV. SHIVPURI TEH.
KHANIYADHANA, DISTRICT SHIVPURI (MADHYA
PRADESH)
6. RAMESH SAHU S/O VISHVNA, AGED ABOUT 52
YEAR S , OCCUPATION: CLASSIFIED EMPLOYEE
ARDHKUSHAL P.W.D. SUB. DIV. KHANIYADHANA
DIV. SHIVPURI TEH. KHANIYADHANA, DISTRICT
SHIVPURI (MADHYA PRADESH)
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 16-12-2022
05:56:51 PM
7. SANTOSH S/O BHORAN LUHAR, AGED ABOUT 58
YEAR S , OCCUPATION: CLASSIFIED EMPLOYEE
ARDHKUSHAL P.W.D. SUB. DIV. KHANIYADHANA
DIV. SHIVPURI TEH. PICHORE, DISTRICT
SHIVPURI (MADHYA PRADESH)
8. RAMDAS S/O BHOLE GADRIYA, AGED ABOUT 52
YEAR S , OCCUPATION: CLASSIFIED EMPLOYEE
ARDHKUSHAL P.W.D. SUB. DIV. KHANIYADHANA
DIV. SHIVPURI TEH. PICHORE, DISTRICT
SHIVPURI (MADHYA PRADESH)
9. VIRENDRA DEMAR S/O KAMAL DEMAR, AGED
ABOUT 50 YEARS, OCCUPATION: CLASSIFIED
EMPLOYEE ARDHKUSHAL P.W.D. SUB. DIV.
KHANIYADHANA DIV. SHIVPURI
KHANIYADHANA, DISTRICT SHIVPURI (MADHYA
PRADESH)
10. SIYARAM S/O BALUA SAHU, AGED ABOUT 56
YEAR S , OCCUPATION: CLASSIFIED EMPLOYEE
ARDHKUSHAL P.W.D. SUB. DIV. KHANIYADHANA
DIV. SHIVPURI TEH. KHANIYADHANA, DISTRICT
SHIVPURI (MADHYA PRADESH)
11. NARAYAN SINGH S/O MURLI SINGH, AGED
ABOUT 61 YEARS, OCCUPATION: CLASSIFIED
EMPLOYEE ARDHKUSHAL P.W.D. SUB. DIV.
KHANIYADHANA DIV. SHIVPURI TEH.
KHANIYADHANA, DISTRICT SHIVPURI (MADHYA
PRADESH)
12. PAWAN DHOBI S/O HARDAS DHOBI, AGED ABOUT
52 YEARS, OCCUPATION: RETD. CLASSIFIED
EMPLOYEE ARDHKUSHAL P.W.D. SUB. DIV.
KHANIYADHANA DIV. SHIVPURI TEH.
KHANIYADHANA, DISTRICT SHIVPURI (MADHYA
PRADESH)
13. RADHELAL S/O MUJIYA SAHU, AGED ABOUT 53
YEAR S , OCCUPATION: CLASSIFIED EMPLOYEE
ARDHKUSHAL P.W.D. SUB. DIV. KHANIYADHANA
DIV. SHIVPURI TEH. KHANIYADHANA, DISTRICT
SHIVPURI (MADHYA PRADESH)
14. CHOTE SINGH S/O SHIV SINGH, AGED ABOUT 60
Y E A R S , OCCUPATION: RED. CLASSIFIED
EMPLOYEE ARDHKUSHAL P.W.D. SUB. DIV.
KHANIYADHANA DIV. SHIVPURI TEH.
KHANIYADHANA, DISTRICT SHIVPURI (MADHYA
PRADESH)
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 16-12-2022
05:56:51 PM
15. GOVIND SINGH S/O RATAN SINGH, AGED ABOUT
54 YEARS, OCCUPATION: RETD. CLASSIFIED
EMPLOYEE ARDHKUSHAL P.W.D. SUB. DIV.
KHANIYADHANA DIV. SHIVPURI TEH.
KHANIYADHANA, DISTRICT SHIVPURI (MADHYA
PRADESH)
16. RAM KISHAN S/O DEVI DEEMAR, AGED ABOUT 51
Y E A R S , OCCUPATION: RETD. CLASSIFIED
EMPLOYEE ARDHKUSHAL P.W.D. SUB. DIV.
KHANIYADHANA DIV. SHIVPURI TEH.
KHANIYADHANA, DISTRICT SHIVPURI (MADHYA
PRADESH)
17. KOMAL S/O HARDAS DHOBI, AGED ABOUT 59
YEAR S , OCCUPATION: CLASSIFIED EMPLOYEE
ARDHKUSHAL P.W.D. SUB. DIV. KHANIYADHANA
DIV. SHIVPURI TEH. KHANIYADHANA, DISTRICT
SHIVPURI (MADHYA PRADESH)
18. SIYARAM S/O KHET SINGH, AGED ABOUT 54
YEAR S , OCCUPATION: CLASSIFIED EMPLOYEE
ARDHKUSHAL P.W.D. SUB. DIV. KHANIYADHANA
DIV. SHIVPURI TEH. PICHORE, DISTRICT
SHIVPURI (MADHYA PRADESH)
19. POORAN GADRIYA S/O KUNWAR GADRIYA, AGED
ABOUT 53 YEARS, OCCUPATION: CLASSIFIED
EMPLOYEE ARDHKUSHAL P.W.D. SUB. DIV.
KHANIYADHANA DIV. SHIVPURI TEH. PICHORE,
DISTRICT SHIVPURI (MADHYA PRADESH)
20. HARVAN S/O DESHRAJ RAJAK, AGED ABOUT 54
YEAR S , OCCUPATION: CLASSIFIED EMPLOYEE
ARDHKUSHAL P.W.D. SUB. DIV. KHANIYADHANA
DIV. SHIVPURI TEH. KHANIYADHANA, DISTRICT
SHIVPURI (MADHYA PRADESH)
21. JAGDISH RAJAK S/O DHEERE RAJAK, AGED
ABOUT 53 YEARS, OCCUPATION: CLASSIFIED
EMPLOYEE ARDHKUSHAL P.W.D. SUB. DIV.
KHANIYADHANA DIV. SHIVPURI TEH.
KHANIYADHANA, DISTRICT SHIVPURI (MADHYA
PRADESH)
22. MULAYAM S/O PANNI RAJAK, AGED ABOUT 54
YEAR S , OCCUPATION: CLASSIFIED EMPLOYEE
ARDHKUSHAL P.W.D. SUB. DIV. KHANIYADHANA
DIV. SHIVPURI TEH. KHANIYADHANA, DISTRICT
SHIVPURI (MADHYA PRADESH)
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 16-12-2022
05:56:51 PM
23. SURESH S/O KASHIRAM, AGED ABOUT 54 YEARS,
OCCUPATION: CLASSIFIED EMPLOYEE
ARDHKUSHAL P.W.D. SUB. DIV. KHANIYADHANA
DIV. SHIVPURI ALGI DINARA, DISTRICT
SHIVPURI (MADHYA PRADESH)
24. PATIRAM S/O ASHARAM, AGED ABOUT 61 YEARS,
OCCUPATION: CLASSIFIED EMPLOYEE
ARDHKUSHAL P.W.D. SUB. DIV. KHANIYADHANA
DIV. SHIVPURI ALGI DINARA, DISTRICT
SHIVPURI (MADHYA PRADESH)
25. UTTAM SINGH S/O MAHEEP SINGH, AGED ABOUT
61 YEARS, OCCUPATION: CLASSIFIED EMPLOYEE
ARDHKUSHAL P.W.D. SUB. DIV. KHANIYADHANA
DIV. SHIVPURI ALGI DINARA, DISTRICT
SHIVPURI (MADHYA PRADESH)
26. JASWANT S/O ANOOP SINGH, AGED ABOUT 54
YEAR S , OCCUPATION: CLASSIFIED EMPLOYEE
ARDHKUSHAL P.W.D. SUB. DIV. KHANIYADHANA
DIV. SHIVPURI ALGI DINARA, DISTRICT
SHIVPURI (MADHYA PRADESH)
27. DHANIRAM S/O SIYARAM, AGED ABOUT 54
YEAR S , OCCUPATION: CLASSIFIED EMPLOYEE
ARDHKUSHAL P.W.D. SUB. DIV. KHANIYADHANA
DIV. SHIVPURI ALGI DINARA, DISTRICT
SHIVPURI (MADHYA PRADESH)
28. BALVEER S/O JALLU, AGED ABOUT 52 YEARS,
OCCUPATION: CLASSIFIED EMPLOYEE
ARDHKUSHAL P.W.D. SUB. DIV. KHANIYADHANA
DIV. SHIVPURI DINARA, DISTRICT SHIVPURI
(MADHYA PRADESH)
29. PATIRAM S/O DEVJU, AGED ABOUT 54 YEARS,
OCCUPATION: CLASSIFIED EMPLOYEE
ARDHKUSHAL P.W.D. SUB. DIV. KHANIYADHANA
DIV. SHIVPURI DAMROD DINARA, DISTRICT
SHIVPURI (MADHYA PRADESH)
30. MOHAN S/O MAKHAN, AGED ABOUT 49 YEARS,
OCCUPATION: CLASSIFIED EMPLOYEE
ARDHKUSHAL P.W.D. SUB. DIV. KHANIYADHANA
DIV. SHIVPURI AGORA, DATIA (MADHYA
PRADESH)
31. KARAN S/O GHANSHU, AGED ABOUT 51 YEARS,
OCCUPATION: CLASSIFIED EMPLOYEE
ARDHKUSHAL P.W.D. SUB. DIV. KHANIYADHANA
DIV. SHIVPURI TEH. KHANIYADHANA, DISTRICT
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 16-12-2022
05:56:51 PM
SHIVPURI (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI ALOK BANDHU SHRIVASTVA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, PUBLIC WORKS
DEPARTMENT, MANTRAYALAYA, VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. ENGINNER IN CHIEF, PUBLIC WORKS
DEPARTMENT, BHOPAL (MADHYA PRADESH)
3. CHIEF ENGINEER P.W.D. DIVISION GWALIOR
(MADHYA PRADESH)
4. S.E. P.W.D. MANDAL GUNA (MADHYA PRADESH)
5. EXECUTIVE ENGINEER P.W.D. DIVISION
SHIVPURI (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI DEVENDRA CHAUBEY - 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 the following reliefs:-
i) That, direction may kindly be given to the respondents to
give the service benefits of the post of permanent classified. From
the date of his classification as permanent employee to the petitioners
and pay the arrears of salary on fixation of pay along-with all
consequence benefits with interest from the date of his classification.
In the light of Ram Naresh Rawat Case.
ii) That, the respondent may kindly be directed to treat the
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 16-12-2022
05:56:51 PM
petitioners at par with their similarly placed co-employee with
seniority and consequential benefits from the date of classification.
iii) Issue any other writ, order or direction in the nature of writ
under Article 226 of the Constitution of India as this Hon'ble Court
may deem fit in facts and circumstances of case.
I t is submitted by the counsel for the petitioners that petitioners were
employed as daily wages as Labour in the respondents department. They were
classified as permanent employee on the post of Labour by order dated
09.07.2007. It is further submitted that now they have 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 petitioners are 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 petitioners
are entitled for the minimum of the regular pay scale without increment from the
date of their classification only.
Heard the learned counsel for the parties.
Petitioners were classified by order dated 09.07.2007. Accordingly, if the
classification is intact and if they file a representation before the authorities for
grant of minimum pay scale from 09.07.2007 till the benefit of Sthaikarmi is
given to them, 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).
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 16-12-2022
05:56:51 PM
The respondents shall be free to consider the effect of delay and laches
in approaching the Court as well as respondents.
With the aforesaid direction, the petition is finally disposed of.
(G.S. AHLUWALIA)
JUDGE
Monika
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 16-12-2022
05:56:51 PM
