Ravindranath Vyas vs The State Of Madhya Pradesh
2022 Latest Caselaw 8505 MP

                           1
        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                           BEFORE
        HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                    ON THE 27th OF JUNE, 2022

              WRIT PETITION No. 13928 of 2022

     Between:-
     RAVINDRANATH VYAS S/O SHRI SIYASHARAN
     VYAS, AGED -62 YEARS, OCCUPATION: RETIRED
     (KUSHAL   AMIN),     OFFICE   OF   WATER
     RESOURCES     DEPARTMENT,    SUB-DIVISION
     KHANIYADHANA        DIVISION     SHIVPURI
     (MADHYA PRADESH) R/O- CHANDNI CHAWK
     PICHHORE, DISTRICT SHIVPURI (MADHYA
     PRADESH)

                                                   .....PETITIONER
     (BY SHRI K.K.SHRIVASTAVA - ADVOCATE )

     AND

1.   STATE OF MADHYA PRADESH THROUGH ITS
     PRINCIPAL SECRETARY, WATER RESOURCES
     DEPARTMENT,    MANTRALAYA    VALLABH
     BHAWAN BHOPAL (MADHYA PRADESH)

2.   WATER RESOURCES DEPARTMENT THROUGH
     ITS ENGINEER-IN-CHIEF NARMADA BHAWAN,
     TULSI NAGAR, BHOPAL (MADHYA PRADESH)

3.   WATER RESOURCES DEPARTMENT THROUGH
     ITS CHIEF ENGINEER, RAJGHAT BAAYI NAHAR
     PARIYOJANA,    DATIA,   DISTRICT   DATIA
     (MADHYA PRADESH)

4.   WATER RESOURCES DEPARTMENT THROUGH
     I T S SUPERINTENDING ENGINEER, RAJGHAT
     BAAYI NAHAR, SHIVPURI ROAD JHANSI
     DISTRICT JHANSI (UTTAR PRADESH)

5.   WATER RESOURCES DEPARTMENT THROUGH
     I T S EXECUTIVE ENGINEER RAJGHAT BAAYI
     NAHAR VITRAN, DIVISION KHANIYADHANA,
     DISTRICT SHIVPURI (MADHYA PRADESH)

                                                 .....RESPONDENTS
                                 2
         (BY SHRI G.K.AGRAWAL - 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, the impugned action on the annexure-P-1 of the respondents may kindly be declared as illegal and the same may kindly be quashed;

ii) That, a direction may kindly be given to the respondents to give the benefit of regular/minimum pay scale of the post on which the petitioner are working and classified as permanent employees as w.e.f. 04.06.2012 and pay the difference of arrears on fixation of pay from the date of classification along with interest at the rate of 18% p.a. as per the law laid down by Hon'ble Supreme Court in the case of Ram Naresh Rawat (Supra);

iii) That, the respondents may kindly be directed to regularize the services of the petitioner and make the member of GPF;

iv) Cost of this petition may kindly be awarded; and v) Any other relief which this Hon'ble Court deem fit in the facts and circumstances of the case may kindly be granted to the petitioner.

It is submitted by the counsel for the petitioner that he was employed as daily wages Kushal Amin in the respondents department. He was classified as permanent employee on the post of Kushal Amin by order dated 04/06/2012. 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 04/06/2012. Accordingly, if the classification is intact and if he files a representation before the authorities for grant of minimum pay scale from 04/06/2012 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: 2022.06.27 18:31:00 -07'00'