Radha Vallabh Ojha vs The State Of Madhya Pradesh
2022 Latest Caselaw 7038 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
                  HON'BLE SHRI JUSTICE ANAND PATHAK
                          ON THE 10th OF MAY, 2022

                   WRIT PETITION No. 10016 of 2022

        Between:-
        RADHA VALLABH OJHA S/O LT SHRI
        KESHARILAL OJHA , AGED 59 YEARS,
        OCCUPATION -HAND PUMP MECHANIC, R/O
        KILA ROAD BHERO BABA MANDIR KE PASS
        POHARI, SHIVPURI (MADHYA PRADESH)

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

        AND

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

2.      ENGINEER IN CHIEF,
        PUBLIC HEALTH ENGINEERING DEPARTMENT,
        "JAL   BHAWAN"     BANGANGA,   BHOPAL
        (MADHYA PRADESH)

3.      CHIEF ENGINEER,
        PUBLIC HEALTH ENGINEERING DEPARTMENT,
        NEAR WATER TANK, MORAR, GWALIOR
        (MADHYA PRADESH)

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

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

The present petition has been filed by the petitioner challenging the order dated 26-03-2021 (Annexure P/1) passed by respondent No.3, whereby the

petitioner has not been given minimum pay scale from the date of his classification. It is submitted that the petitioner was reverted from permanent classification to Sthaikarmi Handpump Mechanic and filed this petition seeking direction to the respondents to give the service benefit and pay scale of the post of permanent classified Pump Attender/Handpump Mechanic from the date of his classification as permanent employee. It is pointed out that the issue involved is squarely covered and settled by Hon'ble Supreme Court in the case o f Ram Naresh Rawat Vs. Ashwani Naik & others, (2016) 8 SCC 733 and considering the aforesaid judgment, several petitions have been disposed of by the Hon'ble Supreme Court even by Division Bench of this Court.

Considering the aforesaid analogy and orders passed by several benches of this Court in several writ petitions, this Court has passed W.P. No. 4018/2020 in the case of S. Kamta Prasad Vs. State of M.P. & others decided on 26.08.2021, wherein a bunch of petitions were decided and it was observed that the law with respect of classification of employees have been settled up to the Hon'ble Supreme Court. The aforesaid order has been affirmed in W.A.No.1166/2021.

Counsel appearing for the State could not refuse the aforesaid facts and fairly submitted that after passing of the judgment in the case of Kamta Prasad (supra), the matter was considered by the State Government and sanction from finance department has been given for making payment of the arrears of the classified employees. He fairly submits on instructions that the order impugned is contrary to the judgment passed by the Supreme Court in the case of Ram Naresh Rawat (supra) as well as the judgment passed by this Court in the case of Kamta Prasad (supra), therefore he fairly submits that the order may be set aside and some breathing time be granted to the authorities to comply with the

directions in view of the affidavit submitted by the Executive Engineer in the present case.

Prayer appears to be reasonable.

Looking to the overall facts and circumstances of the case, the order passed by the Authorities (Annexure P/1) dated 26-03-2021 does not sustain the judicial scrutiny and is hereby quashed. Authorities are directed to restore the position of the petitioner as a classified employee and are directed to make the payments of arrears to the petitioner within a period of one month from today, failing which the arrears so calculated will carry an interest @ 8% per annum till the date of its realization.

(ANAND PATHAK) JUDGE Anil*

ANIL KUMAR CHAURASIYA 2022.05.10 05:50:51

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