Mantole Kushwah (Died) S/O Shri ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 7868 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. 5256 of 2022

        Between:-
        MANTOLE KUSHWAH (DIED) S/O SHRI
        MATADIN KUSHWAH, DIED'S OCCUPATION
        SERVICE, OFFICE OF E.E., P.W.D. DEPARTMENT,
        SUB-DVISION BHANDER, DIVISION DATIA,
        DIST. DATIA (M.P.) THROUGH LRS SMT.
        SHEELA KUSHWAH W/O LATE SHRI MANTOLE
        KUSHWAH, AGED 55 YEARS, R/O WARD NO. 14,
        BARKI SARAY, BHANDER             DIST DATIA
        (MADHYA PRADESH)

                                                          .....PETITIONER
        (BY SHRI K.K.SHRIVASTAVA - ADVOCATE)

        AND

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

2.      THE ENGINEER IN CHIEF, PUBLIC WORKS
        DEPARTMENT, II FLOOR, SATPURA BHAWAN,
        BHOPAL (MADHYA PRADESH)

3.      THE CHIEF ENGINEER   (NORTH), PUBLIC
        WORKS DEPARTMENT, GWALIOR (MADHYA
        PRADESH)

4.      THE EXECUTIVE ENGINEER, PUBLIC WORKS
        DEPARTMENT,      DIVSION DATIA, DATIA
        (MADHYA PRADESH)

                                                       .....RESPONDENTS
        (BY SHRI DEVENDRA CHOUBEY-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, the impugned action on the annexure-P-1 of the respondents may kindly be declared as illegal and the same may kindly be quashed;

ii) That, a direction may kindly be given to the respondents to give the benefit of regular/minimum pay scale of the post on which Petitioner was working and classified as permanent employees as w.e.f. 10.04.2007 and pay the difference of arrears on fixation of pay from the date of classification along with interest at the rate of 18%

p.a. as per the law laid down by Hon'ble Supreme Court in the case of Ramnaresh Rawat (Supra);

iii) That, the respondents may kindly be directed to regularize the services of the petitioner and make the member of GPF;

iv) Cost of this petition may kindly be awarded; and v) Any other relief which this Hon'ble Court deem fit in the facts and circumstances of the case may kindly be granted to the petitioner."

It is submitted by the counsel for the petitioner that the husband of petitioner was employed as daily wages as labour in the respondents department. He was classified as permanent employee on the post of labour by order dated 10/04/2007. Thereafter he was declared as Sthaikarmi. The husband of the petitioner (Mantole Kushwah) has expired on 24/10/2016. 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/widow of the employee is entitled for the minimum of regular pay scale without increment for the aforementioned period, as it is the estate of her husband.

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 husband of the petitioner was classified by order dated 10.04.2007. Accordingly, if the classification is intact and if petitioner files a representation before the authorities for grant of minimum pay scale from 10.04.2007 till the benefit of Sthaikarmi is given to her husband, 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 Aman AMAN TIWARI 2022.06.15 18:49:56 +05'30'