Rameshwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 8640 MP

                               1
         IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                            BEFORE
         HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                       ON THE 29th OF JUNE, 2022

                WRIT PETITION No. 13295 of 2022

       Between:-
       RAMESHWAR S/O LATE SHRI MULLARAM,
       AGED      53     YEARS, OCCUPATION-
       CHOWKIDAR, R/O VILLAGE GORA, TEHSIL
       LAHAR, BHIND (MADHYA PRADESH)

                                                          .....PETITIONER
       (BY SHRI DEVESH SHARMA - ADVOCATE )

       AND

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

2.     ENGINEER-IN-CHIEF,   PUBLIC   WORK
       D EPARTM EN T, II  FLOOR,   STAPURA
       BHAVAN, BHOPAL (MADHYA PRADESH)

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

4.     EXECUTIVE ENGINEER, PUBLIC WORKS
       DEPARTMENT SAMBHAG GOHAD BHIND
       (MADHYA PRADESH)

                                                       .....RESPONDENTS
       (BY SHRI G.K.AGRAWAL - GOVERNMENT ADVOCATE)

      This petition coming on for hearing this day, the court passed the
following:
                                ORDER

This petition under Article 226 of the Constitution of India has been

filed seeking the following relief:-

7.1 That, a direction may kindly be given to the respondents to give the service benefit and pay scale of the post of the permanent classified Chowkidar from the date of his classification as permanent employee to the petitioner. And pay the arrears of salary on fixation of pay along with all consequence benefits with interest from the date of his Classification.

7.2 That, the respondents may further be directed to treat the petitioner at par with their similarly placed co-employees with seniority and consequential benefits on the post of Chowkidar from the date of his Classification. 7.3 That, 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 he was

employed as daily wages Chowkidar in the respondents department. He was classified as permanent employee on the post of Chowkidar by order dated 30/12/2008. 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 there is some discrepancy with regard to name of father of petitioner. In the writ petition, he has disclosed the name of his father as 'Mullaram', whereas in

the classification order, the name of father of petitioner has been shown as 'Mullu', and accordingly, it is submitted that it is not clear as to whether the petitioner was ever classified as permanent employee or not.

Heard the learned counsel for the parties.

As per petitioner, the petitioner was classified by order dated 30/12/2008. Accordingly, if the classification is intact and if he files a representation before the authorities for grant of minimum pay scale from 30/12/2008 till the benefit of Sthaikarmi is given to him, then after verifying as to whether the petitioner was ever classified by order dated 30.12.2008 or not, 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 2022.07.01 11:21:24 +05'30'