Madhya Pradesh High Court
Maharaj Singh 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. 29075 of 2022
BETWEEN:-
1.
MAHARAJ SINGH S/O SHRI SUKHA, AGED ABOUT
58 YEARS, OCCUPATION: SERVICE OFFICE OF SUB
DIVISION - 1 SHIVPURI E.E. PWD DEPARTMENT
DIVISION SHIVPURI, DISTRICT SHIVPURI
(MADHYA PRADESH)
2. PUNNA RAM S/O SHRI CHHUTIRAM, AGED
ABOUT 55 YEARS, OCCUPATION: SERVICE,
OFFICE OF SUB-DIVISION-I SHIVPURI E.E. P.W.D.
DEPARTMENT DIVISION SHIVPURI, DISTRICT
SHIVPURI (MADHYA PRADESH)
3. BHEEM SINGH S/O SHRI PREETAM SINGH, AGED
ABOUT 51 YEARS, OCCUPATION: SERVICE,
OFFICE OF SUB-DIVISION-I SHIVPURI E.E. P.W.D.
DEPARTMENT DIVISION SHIVPURI, DISTRICT
SHIVPURI (MADHYA PRADESH)
4. MAHESH S/O SHRI RAMESHWAR, AGED ABOUT 56
YEARS, OCCUPATION: SERVICE, OFFICE OF SUB-
DIVISION-I SHIVPURI E.E. P.W.D. DEPARTMENT
DIVISION SHIVPURI, DISTRICT SHIVPURI
(MADHYA PRADESH)
5. SHREELAL S/O SHRI RAMKISHAN, AGED ABOUT
58 YEARS, OCCUPATION: SERVICE, OFFICE OF
SUB-DIVISION-I SHIVPURI E.E. P.W.D.
DEPARTMENT DIVISION SHIVPURI, DISTRICT
SHIVPURI (MADHYA PRADESH)
6. BHUPENDRA S/O SHRI LOHARE, AGED ABOUT 52
YEARS, OCCUPATION: SERVICE, OFFICE OF SUB-
DIVISION-I SHIVPURI E.E. P.W.D. DEPARTMENT
DIVISION SHIVPURI, DISTRICT SHIVPURI
(MADHYA PRADESH)
7. ASHOK S/O SHRI MANGI LAL, AGED ABOUT 54
YEARS, OCCUPATION: SERVICE, OFFICE OF SUB-
DIVISION-I SHIVPURI E.E. P.W.D. DEPARTMENT
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 16-12-2022
05:56:51 PM
DIVISION SHIVPURI, DISTRICT SHIVPURI
(MADHYA PRADESH)
8. RAMHET S/O SHRI MANGALIYA KUSHWAHA,
AGED ABOUT 54 YEARS, OCCUPATION: SERVICE,
OFFICE OF SUB-DIVISION-I SHIVPURI E.E. P.W.D.
DEPARTMENT DIVISION SHIVPURI, DISTRICT
SHIVPURI (MADHYA PRADESH)
9. BALU S/O SHRI JHUGURIYA, AGED ABOUT 58
YEARS, OCCUPATION: SERVICE, OFFICE OF SUB-
DIVISION-I SHIVPURI E.E. P.W.D. DEPARTMENT
DIVISION SHIVPURI, DISTRICT SHIVPURI
(MADHYA PRADESH)
10. KEDARI S/O SHRI BUDHU, AGED ABOUT 50
YEARS, OCCUPATION: SERVICE OFFICE OF SUB-
DIVISION-I SHIVPURI E.E. P.W.D. DEPARTMENT
DIVISION SHIVPURI, DISTRICT SHIVPURI
(MADHYA PRADESH)
11. PANNU S/O SHRI GHASITA, AGED ABOUT 56
YEARS, OCCUPATION: SERVICE, OFFICE OF SUB-
DIVISION-I SHIVPURI E.E. P.W.D. DEPARTMENT
DIVISION SHIVPURI, DISTRICT SHIVPURI
(MADHYA PRADESH)
12. LALLU S/O SHRI GAYAJEET, AGED ABOUT 55
YEARS, OCCUPATION: SERVICE OFFICE OF SUB-
DIVISION-I SHIVPURI E.E. P.W.D. DEPARTMENT
DIVISION SHIVPURI, DISTRICT SHIVPURI
(MADHYA PRADESH)
13. BARELAL S/O SHRI SUNDARA, AGED ABOUT 54
YEARS, OCCUPATION: SERVICE OFFICE OF SUB-
DIVISION-I SHIVPURI E.E. P.W.D. DEPARTMENT
DIVISION SHIVPURI, DISTRICT SHIVPURI
(MADHYA PRADESH)
14. AMARA S/O SHRI GUNCHI, AGED ABOUT 56
YEARS, OCCUPATION: SERVICE OFFICE OF SUB-
DIVISION-I SHIVPURI E.E. P.W.D. DEPARTMENT
DIVISION SHIVPURI, DISTRICT SHIVPURI
(MADHYA PRADESH)
15. NAKKU S/O SHRI TULA, AGED ABOUT 58 YEARS,
OCCUPATION: SERVICE SUB-DIVISION-I
SHIVPURI E.E. P.W.D. DEPARTMENT DIVISION
SHIVPURI, DISTRICT SHIVPURI (MADHYA
PRADESH)
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 16-12-2022
05:56:51 PM
16. GAJANLAL S/O SHRI RATIRAM, AGED ABOUT 57
YEARS, OCCUPATION: SERVICE OFFICE OF SUB-
DIVISION-I SHIVPURI E.E. P.W.D. DEPARTMENT
DIVISION SHIVPURI, DISTRICT SHIVPURI
(MADHYA PRADESH)
17. NAKKU S/O SHRI BHONDU, AGED ABOUT 55
YEARS, OCCUPATION: SERVICE OFFICE OF SUB-
DIVISION-I SHIVPURI E.E. P.W.D. DEPARTMENT
DIVISION SHIVPURI, DISTRICT SHIVPURI
(MADHYA PRADESH)
18. SURESH S/O SHRI NAKTU, AGED ABOUT 58
YEARS, OCCUPATION: SERVICE OFFICE OF SUB-
DIVISION-I SHIVPURI E.E. P.W.D. DEPARTMENT
DIVISION SHIVPURI, DISTRICT SHIVPURI
(MADHYA PRADESH)
19. OMKAR LAL S/O SHRI BHONDU, AGED ABOUT 59
YEARS, OCCUPATION: SERVICE, OFFICE OF SUB-
DIVISION-I SHIVPURI E.E. P.W.D. DEPARTMENT
DIVISION SHIVPURI, DISTRICT SHIVPURI
(MADHYA PRADESH)
20. KANCHAN S/O SHRI JAGNU, AGED ABOUT 57
YEARS, OCCUPATION: SERVICE, OFFICE OF SUB-
DIVISION-I SHIVPURI E.E. P.W.D. DEPARTMENT
DIVISION SHIVPURI, DISTRICT SHIVPURI
(MADHYA PRADESH)
21. UMMED S/O SHRI MISHREE, AGED ABOUT 52
YEARS, OCCUPATION: SERVICE OFFICE OF SUB-
DIVISION-I SHIVPURI E.E. P.W.D. DEPARTMENT
DIVISION SHIVPURI, DISTRICT SHIVPURI
(MADHYA PRADESH)
22. OM PRAKASH S/O SHRI LANDU, AGED ABOUT 51
YEARS, OCCUPATION: SERVICE OFFICE OF SUB-
DIVISION-I SHIVPURI E.E. P.W.D. DEPARTMENT
DIVISION SHIVPURI, DISTRICT SHIVPURI
(MADHYA PRADESH)
23. PURAN S/O SHRI CHATUR SINGH, AGED ABOUT 58
YEARS, OCCUPATION: SERVICE OFFICE OF SUB-
DIVISION-I SHIVPURI E.E. P.W.D. DEPARTMENT
DIVISION SHIVPURI, DISTRICT SHIVPURI
(MADHYA PRADESH)
24. MATHURA RAJAK S/O SHRI MANGI LAL, AGED
ABOUT 49 YEARS, OCCUPATION: SERVICE SUB-
DIVISION-I SHIVPURI E.E. P.W.D. DEPARTMENT
DIVISION SHIVPURI, DISTRICT SHIVPURI
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 16-12-2022
05:56:51 PM
(MADHYA PRADESH)
25. PAPPU SHAKYA S/O SHRI GOPI SHAKYA, AGED
ABOUT 51 YEARS, OCCUPATION: SERVICE OFFICE
OF SUB-DIVISION-I SHIVPURI E.E. P.W.D.
DEPARTMENT DIVISION SHIVPURI, DISTRICT
SHIVPURI (MADHYA PRADESH)
26. KHERU SHAKYA S/O CHHOTE SHAKYA, AGED
ABOUT 55 YEARS, OCCUPATION: SERVICE OFFICE
OF SUB-DIVISION-I SHIVPURI E.E. P.W.D.
DEPARTMENT DIVISION SHIVPURI, DISTRICT
SHIVPURI (MADHYA PRADESH)
27. SHANKAR LAL S/O SHRI MANGI @ MANGALIA,
AGED ABOUT 54 YEARS, OCCUPATION: SERVICE
OFFICE OF SUB-DIVISION-I SHIVPURI E.E. P.W.D.
DEPARTMENT DIVISION SHIVPURI, DISTRICT
SHIVPURI (MADHYA PRADESH)
28. KAILASH S/O SHRI SITARAM BATHAM, AGED
ABOUT 55 YEARS, OCCUPATION: SERVICE OFFICE
OF SUB-DIVISION-I SHIVPURI E.E. P.W.D.
DEPARTMENT DIVISION SHIVPURI, DISTRICT
SHIVPURI (MADHYA PRADESH)
29. SURESH S/O SHRI JALIM, AGED ABOUT 57 YEARS,
OCCUPATION: SERVICE SUB-DIVISION-I
SHIVPURI E.E. P.W.D. DEPARTMENT DIVISION
S H I V P U R I , DISTRICT SHIVPURI (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI K.K. SHRIVASTAVA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, PUBLIC WORKS
DEPARTMENT, VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. ENGINEER IN CHIEF, PUBLIC WORKS
DEPARTM ENT, II FLOOR SATPURA BHAWAN,
BHOPAL (MADHYA PRADESH)
3. CHIEF ENGINEER (NORTH), PUBLIC WORKS
DEPARTMENT, GWALIOR (MADHYA PRADESH)
4. EXECUTIVE ENGINEER, PUBLIC WORKS
DEPARTMENT, SHIVPURI (MADHYA PRADESH)
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 16-12-2022
05:56:51 PM
.....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 the following reliefs:-
i) That, a direction may kindly be given to the respondents to
give the benefit of regular/minimum pay scale of the post on which
the petitioners are working and classified as permanent employees as
w.e.f. 09.07.2007 and pay the difference of arrears on fixation of pay
from the date of classification along with interest at the rate of 18%
p.a. as per the law laid down by Hon'ble Supreme Court in the case
of Ramnaresh Rawat (supra);
ii) That, the respondents may kindly be directed to regularized
the services of the petitioners and make the member of GPF;
iii) Cost of this petition may kindly be awarded; and
iv) Any other relief which this Hon'ble Court deem fit in the
facts and circumstances of the case may kindly be granted to the
petitioner.
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
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 16-12-2022
05:56:51 PM
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).
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
