Kishor Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 14265 MP

                                                             1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                           BEFORE
                                        HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                                    ON THE 3rd OF NOVEMBER, 2022

                                               WRIT PETITION No. 24824 of 2022

                                    BETWEEN:-
                                    KISHOR SHARMA S/O SHRI LALARAM
                                    SHARMA, AGE- 59 YEARS, OCCUPATION-
                                    SERVICE, R/O LAXMANTALIYA, SHINDE KI
                                    CHHAWANI, GWALIOR (MADHYA PRADESH)

                                                                                           .....PETITIONER
                                    (BY SHRI VIVEK KHEDKAR- ADVOCATE)

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

                           2.       CHIEF   ENGINEER,     PUBLIC   HEALTH
                                    ENGINEERING       DEPARTMENT, GWALIOR
                                    (MADHYA PRADESH)

                           3.       EXECUTIVE ENGINEER, PUBLIC HEALTH
                                    ENGINEERING      DEPARTMENT, SHIVPURI
                                    (MADHYA PRADESH)

                           4.       ASSISTANT ENGINEER,    PUBLIC HEALTH
                                    ENGINEERING DEPARTMENT, SUB DIVISION,
                                    SHIVPURI (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                                    (BY SHRI JITESH SHARMA- 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 reliefs:-

Signature Not Verified Signed by: PRINCEE BARAIYA Signing time: 03-11-2022 05:22:26 PM

(i) That direction may kindly be issued to the respondents to give service benefit and minimum pay scale of the post of the permanent classified helper from the date of his classification. And also pay the arrears of the salary alongwith all consequential benefits.

(ii) That, the respondents may further be directed to treat the petitioner at par with their similarly situated employees with the seniority and the consequential benefits on the post of helper from the date of classification.

(iii) That any other relief to which this Hon'ble Court may deem fit may also be directed to be extended in favour of the petitioner in the interest of justice.

(iv) Costs of this petition be also awarded in favour of the petitioner.

It is submitted by the counsel for the petitioner that he was employed as

daily wages Helper in the respondents department. He was classified as permanent employee on the post of Helper by order dated 21/04/2003. 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 21/04/2003. Accordingly, if the classification is intact and if he files a representation before the authorities Signature Not Verified Signed by: PRINCEE BARAIYA Signing time: 03-11-2022 05:22:26 PM

for grant of minimum pay scale from 21/04/2003 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/-

Signature Not Verified Signed by: PRINCEE BARAIYA Signing time: 03-11-2022 05:22:26 PM