Pushpa (Legal Heir) vs The State Of Madhya Pradesh
2022 Latest Caselaw 16764 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. 29194 of 2022

                           BETWEEN:-
                           PUSHPA (LEGAL HEIR) W/O LATE SHRI RAJU, AGED
                           ABOUT 54 YEARS, OCCUPATION: HOUSE WIFE R/O
                           VILLAGE PADORA KOLARAS, DISTRICT SHIVPURI
                           (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI DEVESH SHARMA - ADVOCATE )

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

                           2.    ENGINEER    IN     CHIEF,  PUBLIC WORKS
                                 D EPARTM EN T, 27-28 FIRST FLOOR NIRMAN
                                 BHAWAN, ARERA HILLS BHOPAL (MADHYA
                                 PRADESH)

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

                           4.    EXECUTIVE ENGINEER,     PUBLIC WORKS
                                 DEPARTM ENT, SAMBHAG, 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 Signature Not Verified Signed by: MONIKA SHARMA Signing time: 16-12-2022 05:56:51 PM

seeking the following reliefs:-

i) 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 her husband 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.

ii) That, the respondents may further be directed to treat the petitioners at par with their similarly placed co-employee with seniority and consequential benefits on the post of Labour from the

date of her husband Classification.

iii) That, any other relief, which this Hon'ble Court may deem fit and proper may also be given to the petitioner along with costs.

I t is submitted by the counsel for the petitioner that husband of the petitioner was employed as daily wages as Labour in the respondents department. He was classified as permanent employee on the post of Labour by order dated 09.07.2007. Thereafter he was 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/widow of the employee 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/widow of the employee is entitled for the minimum of the regular pay Signature Not Verified Signed by: MONIKA SHARMA Signing time: 16-12-2022 05:56:51 PM

scale without increment from the date of their classification only.

Heard the learned counsel for the parties. The husband of the petitioner was classified by order dated 09.07.2007. Accordingly, if the classification is intact and if petitioner file a representation before the authorities for grant of minimum pay scale from 09.07.2007 till the benefit of Sthaikarmi is given to her husband, 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