Jamuna Prasad vs The State Of Madhya Pradesh
2022 Latest Caselaw 8253 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                          ON THE 22nd OF JUNE, 2022

                   WRIT PETITION No. 21977 of 2018

        Between:-
        JAMUNA PRASAD (DIED) S/o SHRI CHETRAM
        THROUGH LR SMT. SONKALI DEVI W/o LATE
        SHRI JAMUNA PRASAD, AGED - 50 YEARS,
        OCCUPATION: UNEMPLOYED, R/O GAU GHAT,
        REMJA KA PURA, DISTRICT BHIND (MADHYA
        PRADESH)

                                                                .....PETITIONER
        (BY SHRI ALOK KUMAR SHARMA-ADVOCATE)

        AND

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

2.      ENGINEERING-IN-CHIEF,    PUBLIC  WORKS
        DEPARTM ENT, 27-28, FIRST FLOOR NIRMAN
        BHAWAN, ARERA HILLS, BHOPAL (MADHYA
        PRADESH)

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

4.      EXECUTIVE   ENGINEER,  PUBLIC  WORKS
        D EPARTM EN T, BHIND DISVISION BHIND
        (MADHYA PRADESH)

                                                             .....RESPONDENTS
        (BY SHRI JITESH 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, this Hon'ble Court may kindly be pleased to quash the order Annexure P-1 and further pleased to direct the respondents to grant the Regular Pay Scale of the Post of Helper w.e.f. the date of his classification or from the date of the same has been given to Dev Datta Sharma along with consequential benefits.

(ii) The respondents may kindly be directed to regularize the services of petitioner and to make the member of GPF.

(iii) Any other relief, which this Hon'ble Court may deem fit and proper may also be given to the petitioner along with costs.

It is submitted by the counsel for the petitioner that the husband of petitioner was employed as daily wages as Helper in the respondents department. He was classified as permanent employee on the post of Helper by order dated 20.10.2008. Thereafter he was declared as Sthaikarmi. The husband of the petitioner has expired on 04.05.2019. 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 20.10.2008. Accordingly, if the classification is intact and if petitioner files a representation before the authorities for grant of minimum pay scale from 20.10.2008 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 2022.06.23 18:28:54 +05'30'