Bhagirath vs The State Of Madhya Pradesh
2022 Latest Caselaw 7875 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. 11618 of 2022

         Between:-
         BHAGIRATH S/O SHRI BABU LAL, AGED 64
         YEARS, OCCUPATION RETIRED, R/O HOUSE NO
         20 A- BLOCK ANAND NAGAR (MADHYA
         PRADESH)

                                                                .....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.       E N G N E E R - I N - C H I E F PUBLIC WORKS
         DEPARTM ENT 27-28, FIRST FLOOR, NIRMAN
         BHAWAN, ARERA HILLS BHOPAL (MADHYA
         PRADESH)

3.       CHIEF       ENGINEER PUBLIC   WORKS
         DEPARTM ENT THATIPUR, MORAR GWALIOR
         (MADHYA PRADESH)

4.       EXECUTIVE       ENGINEER PUBLIC    WORKS
         D EPA R TM EN T GWALIOR   DIVISION   NO.1
         GWALIOR (MADHYA PRADESH)

                                                             .....RESPONDENTS
         (BY SHRI JEETESH 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 Mession to the petitioner from the date of his classification till 31.08.2016 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 Mession in the respondents department. He was classified as permanent employee on the post of Gangman by order dated 24/12/2004. 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 24/12/2004. Accordingly, if the classification is intact and if he files a representation before the authorities for grant of minimum pay scale from 24/12/2004 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: 2022.06.15 17:02:49 -07'00'