Jahangir Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 7865 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                          ON THE 15th OF JUNE, 2022

                   WRIT PETITION No. 11150 of 2022

        Between:-
        JAHANGIR KHAN S/O LATE SHRI HASHAN
        KHAN ALIAS HASAM KHA, AGE 61 YEARS,
        OCCUPATION: SERVICE, R/O MOHANA TEHSIL
        GHATI GAON DISTRICT GWALIOR (MADHYA
        PRADESH)

                                                                .....PETITIONER
        (BY SHRI M.S. RANA - ADVOCATE)

        AND

1.      THE 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, AREA HILLS, BHOPAL (MADHYA
        PRADESH)

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

4.      EXECUTIVE ENGINEER,    PUBLIC   WORKS
        DEPARTMENT, DIVISION SHIVPURI (MADHYA
        PRADESH)

                                                             .....RESPONDENTS
        (BY SHRI DEEPAK KHOT - 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 minimum of pay in the graded pay scale of the post of labour 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 Labour in the respondents department. He was classified as permanent employee on the post of Labour by order dated 09/07/2007. 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 09/07/2007. Accordingly, if the classification is intact and if he files a representation before the authorities for grant of minimum pay scale from 09/07/2007 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 2022.06.15 17:39:04 +05'30'