Suresh Kumar Padikar vs The State Of Madhya Pradesh
2022 Latest Caselaw 8254 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. 20843 of 2021

        Between:-
        SURESH   KUMAR    PADLIKAR  S/O   SHRI
        NARAYAN RAO PADLIKAR, AGED - 59 YEARS,
        OCCUPATION: SERVICE, R/O PADLIKAR KA
        BADA, HUZRAT SABJI MANDI LASHKAR,
        GWALIOR (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.      E N G I 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
        D EPARTM EN T (NORTH ZONE) THATIPUR
        MORAR, GWALIOR (MADHYA PRADESH)

4.      EXECUTIVE   ENGINEER,   PUBLIC WORKS
        D EPARTM EN T, DIVISION NO. 1, PADAV
        GWALIOR (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, a direction may kindly be given to the respondents to pay the minimum of pay in the graded pay scale of the post Time Keeper 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 on the post of Time Keeper in the respondents department. He was classified as permanent employee on the post of Time Keeper by order dated 04.01.2005. 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 04.01.2005. Accordingly, if the classification is intact and if he files a representation before the authorities for grant of minimum pay scale from 04.01.2005 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 Aman AMAN TIWARI 2022.06.22 19:16:52 +05'30'