Shyam Singh Baghel vs The State Of Madhya Pradesh
2022 Latest Caselaw 9355 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 11th OF JULY, 2022

                    WRIT PETITION No. 14742 of 2022

         Between:-
         SHYAM SINGH BAGHEL S/O SHRI GOVERDHAN
         SINGH,   AGED   52    YEARS, OCCUPATION:
         SERVICE AS LABOUR, R/O VILLAGE DEENPURA
         KHOD, POST DHIDHEE CHOTI, DISTRICT BHIND
         (MADHYA PRADESH)

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

         AND

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

2.       ENGINEER-IN-CHIEF,  PUBLIC    WORKS
         DEPARTM ENT, SATPURA BHAWAN, BHOPAL
         (MADHYA PRADESH)

3.       CHIEF ENGINEER (NORTH), PUBLIC WORKS
         D EPARTM EN T, NORTH CIRCLE MORAR,
         GWALIOR (MADHYA PRADESH)

4.       EXECUTIVE  ENGINEER,  PUBLIC             WORKS
         D EPARTM EN T, BHIND DIVISION,           BHIND
         (MADHYA PRADESH)

                                                             .....RESPONDENTS
         (BY SHRI DEVENDRA CHAUBEY - 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:-

1) That, a direction may kindly be given to the respondents to p ay the salary as per pay scale of post of Labour to petitioner from the date of his classification till the date of benefit given of sthayikarmi as held by the Hon'ble Supreme Court in the case of Ram Naresh Rawat with interest.

2) Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may also kindly be granted.

It is submitted by the counsel for the petitioner that he was employed as daily wages Labour in the respondents department. He was classified as permanent employee on the post of Labour by order dated 29/01/2011. 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 29/01/2011. Accordingly, if the classification is intact and if he files a representation before the authorities for grant of minimum pay scale from 29/01/2011 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: 2022.07.11 15:09:03

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