Vijendra Singh Sikarwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 10077 MP

                                1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                        ON THE 21st OF JULY, 2022

                  WRIT PETITION No. 14895 of 2022

        Between:-
        VIJENDRA SINGH SIKARWAR S/O CHANDAN
        SINGH   SIKARWAR,   AGED    59   YEARS,
        OCCUPATION: SERVICE, R/O KHEJRA ROAD,
        GULABSINGH    CANTT    GUNA    (MADHYA
        PRADESH)

                                                          .....PETITIONER
        (BY SHRI B.P. SINGH-ADVOCATE)

        AND

1.      STATE OF MADHYA PRADESH THROUGH THE
        PRINCIPAL SECRETARY, PUBLIC HEALTH
        ENGINEERING DEAPRTMENT MANTRALAYA,
        VALLAB    BHAWAN   BHOPAL   (MADHYA
        PRADESH)

2.      ENGINEERING-IN-CHIEF,   PUBLIC   HEALTH
        ENGINEERING DEPARTMENT, JAL BHAWAN,
        BANGANGA    ROAD,     BHOPAL   (MADHYA
        PRADESH)

3.      CHIEF    ENGINEER,  PUBLIC    HEALTH
        ENGINEERING   DEPARTMENT, MECHANICAL
        SATPURA   BHAWAN   BHOPAL   (MADHYA
        PRADESH)

4.      EXECUTIVE ENGINEER, PUBLIC HEALTH
        ENGINEERING    DEPARTMENT, MECHANICAL
        DIVISION, MOTIMAHAL, GWALIOR (MADHYA
        PRADESH)

                                                       .....RESPONDENTS
        (BY SHRI A.K.NIRANKARI-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, a direction may kindly be given to the respondents to pay the minimum of pay in the graded pay scale of the post of helper to the petitioner from the date of his classification till the date of his till the date he was declared sthaikarmi i.c. 31.08.2016 as held by the Hon'ble Supreme Court in the case of Ram Naresh Rawat.

(ii) Any other relief, which this Hon'ble Court may deem fit and proper, may also be given to the petitioner.

It is submitted by the counsel for the petitioner that he was employed as daily wages helper in the respondents department. He was classified as permanent employee on the post of helper by order dated 15/10/2004. It is further submitted that now he 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 his classification only.

Heard the learned counsel for the parties.

The petitioner was classified by order dated 15/10/2004. Accordingly, if the classification is intact and if he files a representation before the authorities

for grant of minimum pay scale from 15/10/2004 till the benefit of Sthaikarmi is given to him, 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 Aman

AMAN TIWARI 2022.07.21 18:15:42 +05'30'