Amar Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 8255 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. 13248 of 2022

         Between:-
         AMAR SINGH S/O LATE SHRI MOTI RAM, AGED
         65   YEARS, OCCUPATION: RETIRED R/O
         SHANKAR   CHOWK,     LALITPUR   COLONY,
         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,   VALLAB
         BHAWAN BHOPAL (MADHYA PRADESH)

2.       ENGINEER-IN-CHIEF     PUBLIC     WORKS
         DEPARTMENT, 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
         DEPARTMENT, DIVISION NO.1 GWALIOR.

                                                             .....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 of Gangman 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 Gangman in the respondents department. He was classified as permanent employee on the post of Gangman by order dated 02/03/2005. 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 02/03/2005. Accordingly, if the classification is intact and if he files a representation before the authorities for grant of minimum pay scale from 02/03/2005 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 Aman AMAN TIWARI 2022.06.22 19:18:32 +05'30'