Ramlal vs The State Of Madhya Pradesh
2022 Latest Caselaw 8413 MP

                                                                      1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                    BEFORE
                                                      HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                              ON THE 24th OF JUNE, 2022

                                                       WRIT PETITION No. 13251 of 2022

                                            Between:-
                                            RAMLAL S/O SHIR GHISULAL, AGED ABOUT 50
                                            YEARS, OCCUPATION: EXECUTIVE ENGINEER,
                                            CAPITAL    PROJECT     DIVISION    NO.2,
                                            DEAPARTMENT     OF    PUBLIC    HEALTH
                                            ENGINEERING, BHOPAL, R/O BADWAI CEMENT
                                            PLANT, HOUSE NO. 5,RAJDHANI PARIYOJNA,
                                            OPPOSITE OLD JAIL, BHOPAL M.P. (MADHYA
                                            PRADESH)

                                                                                                   .....PETITIONER
                                            (BY SHRI SANJAY RAM TAMRAKAR, ADVOCATE)

                                            AND

                                    1.      THE STATE OF MADHYA PRADESH THROUGH
                                            ITS SECRETARY DEPARTMENT OF PUBLIC
                                            HEALTH ENGINEERING VALLABH BHAVAN,
                                            BHOPAL (MADHYA PRADESH)

                                    2.      ENGINEER IN CHIEF DEPARTMENT OF PUBLIC
                                            HEALTH    ENGIEERING SATPURA BHAVAN,
                                            BHOPAL (M.P.) (MADHYA PRADESH)

                                    3.      EXECUTIVE ENGINEER DEPARATMENT OF
                                            PUBLIC   HEALTH   ENGINEERING CAPITAL
                                            PROJECT DIVISION NO. 2, BHOPAL (M.P.)
                                            (MADHYA PRADESH)

                                                                                                 .....RESPONDENTS

(BY SHRI KAMAL SINGH BAGHEL, GOVERNMENT ADVOCATE FOR THE STATE)

This petition coming on for admission this day, th e court passed the following:

Signature Not Verified SAN ORDER Digitally signed by NITESH PANDEY Date: 2022.06.25 13:38:18 IST Petitioner has filed this petition under Article 226 of the Constitution of

India making a prayer that petitioner be given minimum of pay scale from date of his initial appointment.

It is submitted by learned counsel appearing for the petitioner that petitioner was made permanent employee on 24.07.2007 and said status was conferred from 1991. It is also submitted by counsel appearing for petitioner that representation of petitioner is also pending for consideration. Learned counsel appearing for the petitioner relied on judgment of Apex Court in case of Ram Naresh Rawat Vs. Ashwini Rai and others reported in 2016 (8) SCC 733 and on strength of said judgment, made a prayer for granting aforesaid relief.

Learned Government Advocate appearing for the respondents/State submits that representation of petitioner shall be considered and decided in accordance with law.

In view of aforesaid facts and circumstances of the case, writ petition filed by petitioner is disposed off with direction to respondent No.2 to consider and decide the representation of petitioner by passing a reasonable and speaking order within period of 90 days from the date of receipt of the certified copy of the order and shall also consider the judgment of Apex Court in the case of Ram Naresh Rawat (supra).

The petitioner is directed to file fresh representation along with relevant documents before appropriate Authority within a period of fifteen days from the receipt of the certified copy of the order.

No opinion is expressed on the merits of the case. With aforesaid direction, writ petition is disposed off. Signature Not Verified SAN

C.C. as per rules.

Digitally signed by NITESH PANDEY Date: 2022.06.25 13:38:18 IST

(VISHAL DHAGAT) JUDGE Nitesh

Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2022.06.25 13:38:18 IST