Neelam Singh Lodha vs The State Of Madhya Pradesh
2022 Latest Caselaw 10178 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                          ON THE 27th OF JULY, 2022

                   WRIT PETITION No. 15354 of 2022

        Between:-
        NEELAM SINGH LODHA S/O LT FELI RAM,
        AGED    ABOUT   51  YEARS, OCCUPATION:
        SERVICE CHAUDHARY MOHALLA NEAR
        AASMANI MATA HATHI WALI GALI GUNA
        CANTT. (MADHYA PRADESH)

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

        AND

1.      THE STATE OF MADHYA PRADESH PRINCIPAL
        SECRETARY MANTRALAYA, VALLAB BHAWAN
        BHOPAL (M.P.) (MADHYA PRADESH)

2.      ENGINEER   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 MOTIMAHAL,
        GWALIOR (MADHYA PRADESH)

                                                             .....RESPONDENTS
        (BY SHRI DEEPAK KHOT-GOVT. 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 relief:-

"(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 he was declared Sthaikarma i.e. 31.08.2016 as 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 Van

VANDANA VERMA 2022.07.27 18:13:10 -07'00'