Basant Kumar Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 10006 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                          ON THE 20th OF JULY, 2022

                   WRIT PETITION No. 16564 of 2022

        Between:-
        SHRI BASANT KUMAR SHARMA S/O SHRI
        SOHANLAL SHARMA, AGE:      65 YEARS,
        OCCUPATION: RETIRED EMPLOYEE, R/O: NAYA
        BAZAAR CHAURAHA, SANKARLAL KA BADA,
        GWALIOR (MADHYA PRADESH)

                                                                .....PETITIONER
        (BY SHRI RISHABH AGRAWAL - ADVOCATE)

        AND

1.      STATE OF MADHYA PRADESH THROUGH
        PRINCIPAL SECRETARY,  PUBLIC  WORK
        DEPARTMENT GOVERNMENT OF MADHYA
        PRADESH,  VALLABH   BHAWAN   BHOPAL
        (MADHYA PRADESH)

2.      CHIEF        ENGINEER, PUBLIC WORK
        D EPARTM EN T, (NORTH ZONE) GWALIOR
        (MADHYA PRADESH)

3.      EXECUTIVE   ENGINEER,          PUBLIC  WORK
        D EPARTM EN T, DIVISION        NO.1, GWALIOR
        (MADHYA PRADESH)

4.      ASSISTANT     ENGINEER, PUBLIC   WORK
        DEPARTM ENT, SUB- DIVISION NO. 1 AND 2
        (RENT SUB- DIVISION) GWALIOR (MADHYA
        PRADESH)

                                                             .....RESPONDENTS
        (BY SHRI N.S.TOMAR- GOVERNMENT ADVOCATE)

      Th is petition coming on for hearing 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, the respondents may kindly be directed that extending the benefits of minimum pay-scale of the post on which he has been classified from his date of appointment as per the law laid down by the Hon'ble Supreme Court in the case of Ram Naresh Rawat (supra) and pay entire arrear of difference of pay and other consequential benefits including interest @ 12% p.a., in the interest of justice.

(ii) Cost of the petition be awarded or

(iii) Any other suitable order or direction deemed fit in the circumstances of the case be issued in favour of the petitioner.

It is submitted by the counsel for the petitioner that he was employed as daily wages Chaukidar in the respondents department. He was classified as

permanent employee on the post of Chaukidar by order dated 24/12/2004, thereafter he was declared as Sthaikarmi. The petitioner has retired from the services. 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 his classification only.

Heard the learned counsel for the parties.

The petitioner was classified by order dated 24/12/2004. Accordingly, if the classification is intact and if he files a representation before the authorities for grant of minimum pay scale from 24/12/2004 till the benefit of Sthaikarmi is given to his, 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).

With the aforesaid direction, the petition is finally disposed of.

(G.S. AHLUWALIA) JUDGE Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.07.20 17:27:40

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