Ramjilal vs The State Of Madhya Pradesh
2022 Latest Caselaw 16729 MP

                                                        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. 29246 of 2022

                           BETWEEN:-
                           1.    RAMJILAL S/O SHRI KHACHORI, AGED ABOUT 60
                                 YEAR S , OCCUPATION: CLASSIFIED EMPLOYEE,
                                 ARDHKUSHAL P.W.D. DIVISION SHIVPURI, R/O
                                 DISTRICT SHIVPURI (MADHYA PRADESH)

                           2.    BHAOTA S/O SHRI PYARA, AGED ABOUT 57
                                 YEAR S , OCCUPATION: CLASSIFIED EMPLOYEE,
                                 ARDHKUSHAL P.W.D. DIVISION SHIVPURI, R/O
                                 BADARBAS, SHIVPURI (MADHYA PRADESH)

                           3.    KHAYALI S/O SHRI BABULAL, AGED ABOUT 54
                                 YEAR S , OCCUPATION: CLASSIFIED EMPLOYEE,
                                 ARDHKUSHAL P.W.D. DIVISION SHIVPURI, R/O
                                 TEH. KOLARAS, SHIVPURI (MADHYA PRADESH)

                           4.    LALARAM S/O SHRI BHABUTI, AGED ABOUT 55
                                 YEAR S , OCCUPATION: CLASSIFIED EMPLOYEE,
                                 ARDHKUSHAL P.W.D. DIVISION SHIVPURI, R/O
                                 KHATORA SHIVPURI (MADHYA PRADESH)

                           5.    PHOOL SINGH S/O SHRI UTTAM SINGH, AGED
                                 ABOUT 53 YEARS, OCCUPATION: CLASSIFIED
                                 EMPLOYEE, ARDHKUSHAL P.W.D. DIVISION
                                 SHIVPURI, R/O RANNOD SHIVPURI (MADHYA
                                 PRADESH)

                           6.    SMT. KUSUM S/O SHRI NANDU, AGED ABOUT 61
                                 YEAR S , OCCUPATION: CLASSIFIED EMPLOYEE,
                                 ARDHKUSHAL P.W.D. DIVISION SHIVPURI, R/O
                                 PACHAWALI SHIVPURI (MADHYA PRADESH)

                           7.    SMT. RAMVATI S/O SHRI BHOLA, AGED ABOUT 61
                                 YEAR S , OCCUPATION: CLASSIFIED EMPLOYEE,
                                 ARDHKUSHAL P.W.D. DIVISION SHIVPURI, R/O
                                 RANNOD SHIVPURI (MADHYA PRADESH)

                                                                              .....PETITIONERS
                           (BY SHRI ALOK BANDHU SHRIVASTAVA - ADVOCATE)
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 16-12-2022
05:56:51 PM
                                                                 2
                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL  SECRETARY, PUBLIC   WORKS
                                 DEPARTMENT,    MANTRALAYA,   VALLABH
                                 BHAWAN BHOPAL (M.P.)

                           2.    ENGINEER   IN   CHIEF,              PUBLIC       WORK
                                 DEPARTMENT, BHOPAL M.P

                           3.    CHIEF ENGINEER, P.W.D. DIVISION GWALIOR
                                 M.P

                           4.    S.E.P.W.D. MANDAL GUNA M.P

                           5.    EXECUTIVE ENGINEER P.W.D DIVISION SHIVPURI
                                 (MADHYA PRADESH)

                                                                                           .....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, 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 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 Signature Not Verified Signed by: MONIKA SHARMA Signing time: 16-12-2022 05:56:51 PM

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).

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. Signature Not Verified Signed by: MONIKA SHARMA Signing time: 16-12-2022 05:56:51 PM

(G.S. AHLUWALIA) JUDGE Monika

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 16-12-2022 05:56:51 PM