Devi Singh (Died) S/O Shri ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 14075 MP

                               1

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

              WRIT PETITION NO. 24322 OF 2022

      Between:-


      DEVI SINGH (DIED) S/O SHRI
      LALLARAM, SERVICE- OFFICE OF
      E.E.,   P.W.D.    DEPARTMENT,
      DIVISION NO. 1, PADAV GWALIOR
      (MP) THROUGH LRs SMT. GYASO
      BAI W/O LATE SHRI DEVI SINGH,
      AGE 80 YEARS R/O- GRAM PURA
      BANWAR,      TEHSIL    CHINOR
      DISTRICT- GWALIOR (MADHYA
      PRADESH)


                                           ........PETITIONER

      (BY SHRI K.K. SHRIVASTAVA- ADVOCATE)

      AND

1.    STATE OF MADHYA PRADESH
      THROUGH     ITS    PRINCIPAL
      SECRETARY,   PUBLIC    WORKS
      DEPARTMENT,     MANTRALAYA
      VALLABH    BHAWAN,    BHOPAL
      (MADHYA PRADESH)
2.    THE ENGINEER-IN-CHIEF, PUBLIC
      WORKS DEPARTMENT, II FLOOR,
                                            2

       SATPURA    BHAWAN,   BHOPAL
       (MADHYA PRADESH)
3.     THE CHIEF ENGINEER,(NORTH)
       PUBLIC WORKS DEPARTMENT,
       GWALIOR (MADHYA PRADESH)
4.     THE   EXECUTIVE    ENGINEER,
       PUBLIC                WORKS
       DEPARTMENT(E/R) DIVISION NO.
       1, PADAV, DISTRICT- GWALIOR
       (MADHYA PRADESH)
                                                               ....RESPONDENTS

        (SHRI G.K. AGARAWAL- GOVERNMENT ADVOCATE FOR
THE STATE)
----------------------------------------------------------------------------------------
       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 following reliefs :

"i) 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. 02.03.2005 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 Ramnaresh Rawat (supra);

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

iii) Cost of this petition may kindly be awarded; and

iv) 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 husband of the petitioner had died in harness in the year 2008. He was a classified employee. The Supreme Court in the case of Ramnaresh Rawat vs Ashwini Ray & others (2017) 3 SCC 436 has held that classified employee is entitled for minimum pay scale.

Per contra, the petition is vehemently opposed by the counsel for the State. It is submitted that this Court in the case of Preeti Kushwah vs. State of MP by order dated 24.09.2020 passed in W.P. No.14001/2020 had dismissed the writ petition on the ground of delay and laches. The said writ petition was filed after five and a half years of death of the employee. The said order was affirmed by the Division Bench of this Court in W.A. No.1103 of 2020 decided on 20.09.2021. In the present case, husband of the petitioner had died in the year 2008 and the present petition has been filed after 14 long years of the death of her husband/ 6 long years after the judgment passed by the Supreme Court in the case of Ramnaresh Rawat (supra). It is well established principle of law that merely because a similarly situated employee was prosecuting his cause would not automatically give any benefit to the similarly situated employee.

Heard the learned counsel for the parties.

The only question for consideration is as to whether the petition suffers from delay and laches or not. The writ court in the case of Preeti Kushwah (supra) has held that the writ petition filed after five and a half years of the date of death of the employee suffers from delay and laches and the said order has been affirmed by the Division Bench of this Court in W.A. No.1103/2020.

In the present case, the petition has been filed after 14 long years after the death of husband of the petitioner and after six long years of judgment passed in the case of Ramnaresh Rawat (supra).

Accordingly, this Court is of the considered opinion that this petition suffers from delay and laches.

The petition fails and is hereby dismissed.

Digitally signed by                                                 (G.S. AHLUWALIA)
ABHISHEK CHATURVEDI
Date: 2022.11.03
19:06:31 +05'30'
                                                                           JUDGE
Avi