Sumer Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 9934 MP

                          1

     IN THE HIGH COURT OF MADHYA PRADESH
                  AT GWALIOR
                       BEFORE
 HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
              ON THE 19th OF JULY, 2022

          WRIT PETITION NO. 13664 OF 2022

  Between:-

  SUMER SINGH S/O LATE SHRI
  PAHALWAN SINGH, AGED 66
  YEARS, OCCUPATION RETIRED,
  R/O   SHRINAGAR      COLONY,
  NADIPAL TAL, MORAR, GWALIOR
                                      ........PETITIONER

  (BY SHRI B.P. SINGH - 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    DEPARTMENT,    27-28,
   FIRST FLOOR, NIRMAN BHAWAN,
   ARERA HILLS, BHOPAL (MADHYA
   PRADESH)

3. CHIEF   ENGINEER,   PUBLIC
   WORKS DEPARTMENT (NORTH
   ZONE),   THATIPUR,  MORAR,
   GWALIOR (MADHYA PRADESH)
                                            2


   4. EXECUTIVE ENGINEER, PUBLIC
      WORKS DEPARTMENT, DIVISION
      NO.1, PADAV, GWALIOR (MADHYA
      PRADESH)

                                                            ........RESPONDENTS

        (BY SHRI A.K. NIRANKARI - GOVERNMENT ADVOCATE)
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       This petition coming on for hearing this day, the Court passed the
following:
                                       ORDER

The present petition filed under Article 226 of the Constitution prays for the following reliefs:-

(i) That, a direction may kindly be given to the respondents to pay the salary as per graded pay scale of the post of the Permanent Gangman to the petitioner from the date of his classification till the date of Sthai Karmi i.e. 31.08.2016 as per terms of order of 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 as Permanent Gangman in the respondents department. He was classified as permanent employee on the post of Permanent Gangman by order dated 31/12/2004. 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 31/12/2004. Accordingly, if the classification is intact and if he files a representation before the authorities for grant of minimum pay scale from 31/12/2004 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 (alok)

ALOK KUMAR 2022.07.19 14:38:48 +05'30'