Madhya Pradesh High Court
Nilesh vs The State Of Madhya Pradesh on 11 March, 2022
Author: Vivek Rusia
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W.P. No. 5667/2022
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
(SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)
W.P. No. 5667 of 2022
( Nilesh S/o. Shri Dattatray Mahajan. V/s. State of M.P. & others.)
Date: 11.03.2022 :
Shri Manish Yadav, learned counsel for the petitioners.
Shri N.S. Bhati, learned Govt. Advocate for respondent/State on
advance copy.
Heard on the question of admission.
By this petition the petitioner has challenged the order dated
28.01.2017 (Annexure P/1) and has sought directions to the
respondents for extending the benefit of 5th and 6th pay scale to him
from the date of its applicability i.e. from 01.01.1996 of 5th pay scale
and 01.01.2006 of 6th pay scale respectively along with arrears.
The petitioner was initially appointed as daily wager on
10.9.1991. Since then the petitioner has been working on the post of a
Copiest. The petitioner has stated that he has completed 30 years of
service and is qualified for appointment to the post. He has further
stated that the benefit of 5th and 6th pay scale has been granted from
the date of its application i.e. 01.01.1996 and 01.01.2006 to similarly
situated persons, however, the same benefit has not been granted to
him. The Petitioner has further stated that he had filed Writ Petition
No.217/2017 before this Court and the same was allowed vide order
dated 1.2.2017 directing the respondents to grant the benefit of 5 th and
6th pay scale in the light of judgment of Sunil Kumar Daya V/s. State
of M.P. & Others passed in W.P. No.3418/2014(s) on 22.07.2015. In
pursuance to the direction of this Court, the respondents vide order
dated 28.01.2017 (Annexure P/1) have granted minimum pay scale to
the petitioner along with arrears but only from the date of filing of the
petition and not from the date of applicability of the 6 th pay scale. The
petitioner has also not been granted benefit of 5 th pay scale. Being
aggrieved by the aforesaid order, present petition has been filed.
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W.P. No. 5667/2022
Learned counsel for the petitioner submits that, once an order
has been passed by this Court in favour of the petitioner in W.P.
No.217/2017 on 1.2.2017 by granting the benefit of 5 th & 6th pay scale,
the respondents cannot deny the benefit and, therefore, the respondents
are duty bound to comply with the order passed by this Court is above
case as well as the cases of similarly situated employees. The State
Government has already approved the case of the petitioner for grant
of 5th & 6th pay scale with arrears and, therefore, now the respondents
have no power to grant him benefit from the date of filing of the
petition and also to deny benefit of 5th pay scale and arrears.
The respondents have filed the reply and in the said reply, they
have not disputed this fact that the petitioner is entitled to get
minimum of the pay scale, however, they have denied that since the
petitioner is working as daily wager employee, therefore, he is not
entitled to get the benefit of 5th and 6th pay scale.
In the present case, the petitioner was initially appointed as daily
wager on 10.9.1991 in the department. The respondents have extended
the benefit of 5th and 6th pay scale to other similarly situated person.
The petitioner, therefore, filed Writ Petition No.217/2017 before this
Court which was disposed of by order dated 1.2.2017 directing the
respondents to pay the 5th and 6th pay scale in the light of case of Sunil
Kumar Daya (supra).
In pursuance of the order of this Court the respondent/State
issued order extending the said benefit to the petitioner but by the
impugned order the benefit has been extended to him of only 6 th pay
scale from the date of filing of the Writ Petition, which is contrary to
the order passed by this Court in W.P. No.217/2017 decided on
1.2.2017. The petitioner is also a similarly situated employee,
therefore, the respondents are duty bound to comply with the order
passed by this Court in his favour also.
In view of the aforesaid, present Writ Petition is allowed. The
respondents are directed to extend the benefit of 5 th and 6th pay scale to
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W.P. No. 5667/2022
the petitioner from the date of its applicability i.e. from 01.01.1996 of
5th pay scale and from 01.01.2006 of 6th pay scale respectively along
with all arrears within a period of 4 months from the date of receipt of
certified copy of this order.
( VIVEK RUSIA )
JUDGE
Alok/-
Digitally signed by ALOK GARGAV
Date: 2022.03.11 18:21:13 +05'30'
