Nisheed Kumar Rawat vs The State Of Madhya Pradesh
2022 Latest Caselaw 7694 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                          ON THE 13th OF JUNE, 2022

                   WRIT PETITION No. 25309 of 2021

        Between:-
        NISHEED KUMAR RAWAT S/O SHRI AYODHYA
        PRASAD   RAWAT,    AGED    51  YEARS,
        OCCUPATION: SERVICE, R/O PANDEY JI KA
        BAG, HANUMAN GARHI MARG, DATIA

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

        AND

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

2.      EN G I N EER - I N - C H I EF, PUBLIC   HEALTH
        ENGINEERING DEPARTMENT, JAL BHAWAN,
        BANGANGA         ROAD,        BHOPAL  (MADHYA
        PRADESH)

3.      CHIEF       ENGINEER PUBLIC HEALTH
        ENGINEERING DEPARTMENT, NEAR WATER
        TANK, MORAR, GWALIOR

4.      EXECUTIVE     ENGINEER, PUBLIC HEALTH
        ENGINEERING DEPARTMENT, MAINTENANCE
        DIVISION NO.1, ROSHINI GHAR, LASHKAR
        GWALIOR (MADHYA PRADESH)

                                                             .....RESPONDENTS
        (BY SHRI SANJAY KUMAR SHARMA - 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 relief:-

( 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 Pump Driver to the petitioner from the date of his classification 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 Pump Driver in the respondents department. He was classified as permanent employee on the post of Pump Driver by order dated 27/11/2004. 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 27/11/2004. Accordingly, if the classification is intact and if he files a representation before the authorities for grant of minimum pay scale from 27/11/2004 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 Arun* ARUN KUMAR MISHRA 2022.06.14 19:07:22 +05'30'