Vimla vs The State Of Madhya Pradesh
2022 Latest Caselaw 16954 MP

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      IN THE HIGH COURT OF MADHYA PRADESH
                   AT GWALIOR
                          BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
              ON THE 20th OF DECEMBER, 2022

              WRIT PETITION NO.29426 OF 2022

     BETWEEN:-

     VIMLA, W/O LATE SHRI JAGDISH, AGED
     55 YEARS, OCCUPATION - MALI, R/O
     PADORA SADAK, KOLARAS, SHIVPURI
     (MADHYA PRADESH)
                                             ........PETITIONER

     (BY SHRI DEVESH SHARMA - ADVOCATE)

     AND

1.   STATE OF MADHYA PRADESH THROUGH
     THE PRINCIPLE 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.   EXECUTIVE ENGINEER, EXECUTIVE
     ENGINEER,      PUBLIC   WORKS
     DEPARTMENT,   SAMBHAG SHIVPURI
     (MADHYA PRADESH)

                                            ........RESPONDENTS

     (BY SHRI N.S. TOMAR - 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 Mali from the date of her 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 her 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 Mali from the date of her 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 she was employed as Mali in the respondents department. She was classified as permanent employee on the post of Mali by order dated 4/12/2014. It is further submitted that now she 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 her 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 she files a representation before the authorities for grant of minimum pay scale from 4/12/2014 till the benefit of Sthaikarmi is given to her, 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 Arun* ARUN KUMAR MISHRA 2022.12.20 18:10:17 +05'30'