Manohar Singh Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 14541 MP

                          1
        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                           BEFORE
        HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                ON THE 10th OF NOVEMBER, 2022

             WRIT PETITION No. 25589 of 2022

     BETWEEN:-
1.   MANOHAR    SINGH    YADAV    S/O   SHRI
     MEHARWAN    SINGH, AGED     57 YEARS,
     OCCUPATION: SERVICE, OFFICE OF WATER
     RESOURCES DEPARTMENT, SUB DIVISION
     PICHHOR, DIVISION SHIVPURI (M.P.) R/O-
     GRAM BUDERA POST GOODAR TEHSIL
     KHANIYADHANA     DISTRICT      SHIPVURI
     (MADHYA PRADESH)

2.   RAGHUVIR CHAPKAR S/O SHRI RAMBHAROSE,
     AGED - 44 YEARS, OCCUPATION: SERVICE,
     OFFICE OF WATER RESOURCES DEPARTMENT,
     SUB DIVISION PICHHOR, DIVISION SHIVPURI
     (M.P.) R/O- CHOTE JAIN MANDIR KE PASS
     KHANIYADHANA       DISTRICT    SHIVPURI
     (MADHYA PRADESH)

3.   VEER SINGH YADAV S/O SHRI BRAJBHAN
     SINGH,   AGED    60    YEARS, OCCUPATION:
     SERVICE, OFFICE OF WATER RESOURCES
     DEPARTMENT, SUB      DIVISION    PICHHOR,
     DIVISION SHIVPURI (M.P.) R/O GRAM BADERA
     MAJRA JALAR TAPRA POST BADERA DISTRICT
     SHIVPURI (MADHYA PRADESH)

4.   MUNNALAL SHARMA S/O SHRI NATHULAL
     SHARMA, AGED - 57 YEARS, OCCUPATION:
     SERVICE, OFFICE OF WATER RESOURCES
     DEPARTMENT, SUB     DIVISION    PICHHOR,
     DIVISION SHIVPURI (M.P.) R/O- GRAM EVM
     POST    KHERWASH    DISTRICT    SHIVPURI
     (MADHYA PRADESH)

5.   PAWAN    KUMAR    KHARE    S/O   SHRI
     HARISHANKAR KHARE, AGED 59 YEARS,
     OCCUPATION: SERVICE, OFFICE OF WATER
     RESOURCES DEPARTMENT, SUB DIVISION
     PICHHOR, DIVISION SHIVPURI (MADHYA
     PRADESH)   R/O-  RAJGHAT    COLONY   ,
     KHANIYADHANA DIST. SHIVPURI (MADHYA
     PRADESH)
                             2

6.    KAILASH SHARMA S/O SHRI HARCHARAN
      SHARMA, AGED 57 YEARS, OCCUPATION:
      SERVICE, OFFICE OF WATER RESOURCES
      DEPARTMENT, SUB     DIVISION  PICHHOR,
      DIVISION SHIVPURI (MADHYA PRADESH) R/O-
      GRAM BUKRA POST GUDAR DISTRICT
      SHIVPURI (MADHYA PRADESH)

7.    RAMESH RAJAK S/O SHRI GORELAL, AGED - 52
      YEAR S , OCCUPATION: SERVICE, OFFICE OF
      WATER RESOURCES DEPARTMENT, SUB
      DIVISION PICHHOR, DIVISION SHIVPURI
      (MADHYA PRADESH) R/O GRAM BHUTARI POST
      GUDAR     DISTRICT   SHIVPURI   (MADHYA
      PRADESH)

8.    PREM KUMAR RAJAK S/O SHRI MUNNALAL,
      AGED    ABOUT   55   YEARS, OCCUPATION:
      SERVICE, OFFICE OF WATER RESOURCES
      DEPARTMENT, SUB     DIVISION   PICHHOR,
      DIVISION SHIVPURI (M.P.) R/O NARIYA
      MOHALLA WARD NO. 12, PICCHORE DIST.
      SHIPVURI (MADHYA PRADESH)

9.    PEETAM RAJAK S/O RATNA RAJAK, AGED - 61
      YEAR S , OCCUPATION: SERVICE, OFFICE OF
      WATER RESOURCES DEPARTMENT, SUB
      DIVISION PICHHOR, DIVISION SHIVPURI
      (MADHYA PRADESH) R/O GRAM CHIRONA
      POST DABIYAKALA DIST. SHIVPURI (MADHYA
      PRADESH)

10.   HISAABI VERMA S/O SHRI VISHWANATH, AGED
      59 YEARS, OCCUPATION: SERVICE, OFFICE OF
      WATER RESOURCES DEPARTMENT, SUB
      DIVISION PICHHOR, DIVISION SHIVPURI (M.P.)
      R/O GRAM BHUTARI POST GOODAR DISTRICT
      SHIPVURI (MADHYA PRADESH)

11.   DISSA PAL S/O SHRI BHAMMA PAL, AGED - 54
      YEAR S , OCCUPATION: SERVICE, OFFICE OF
      WATER RESOURCES DEPARTMENT, SUB
      DIVISION PICHHOR, DIVISION SHIVPURI (M.P.)
      R/O- GRAM DEVKHO MAJRA TILA, DISTRICT
      SHIVPURI (MADHYA PRADESH)

12.   INRAPAL SINGH S/O SHRI PYARERAJA,, AGED
      56 YEARS, OCCUPATION: SERVICE, OFFICE OF
      WATER RESOURCES DEPARTMENT, SUB
      DIVISION PICHHOR, DIVISION SHIVPURI (M.P.)
      R/O GRAM JERA POST DEVKHO DISTRICT
                                 3
            SHIVPURI (MADHYA PRADESH)

                                                                  .....PETITIONERS
            (BY SHRI K.K. SHRIVASTAVA-ADVOCATE)

            AND
1.          STATE OF MADHYA PRADESH THROUGH ITS
            PRINCIPAL SECRETARY, WATER RESOURCES
            DEPARTMENT,    MANTRALAYA    VALLABH
            BHAWAN BHOPAL (MADHYA PRADESH)

2.          THE ENGINEER-IN-CHIEF, WATER RESOURCE
            D EPARTM EN T, NARMADA BHAWAN, TULSI
            NAGAR BHOPAL (MADHYA PRADESH)

3.          THE CHIEF ENGINEER, WATER RESOURCES
            DEPARTMENT, YAMUNA KACHAR, THATHIPUR,
            GWALIOR (MADHYA PRADESH)

4.          S.E. WATER   RESOURCES DEPARTMENT,
            NICHLA   CHAMBAL   MANDAL  MORENA
            (MADHYA PRADESH)

4 (a).      S.E. WATER  RESOURCES    DEPARTMENT
            MANDAL GWALIOR (MADHYA PRADESH)

5.          THE      EXECUTIVE     ENGINEER, WATER
            RESOURCE DEPARTMENT, DIVISION SHIVPURI
            DISTRICT SHIVPURI (MADHYA PRADESH)

                                                                 .....RESPONDENTS
            (SHRI SANJAY KUMAR SHARMA-GOVERNMENT ADVOCATE FOR
            STATE)

          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:-

i) That, the impugned action on the annexure-P-1 of the respondents may kindly be declared as illegal and the same may kindly be quashed;

ii) 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 petitioners are working and classified as permanent employees as w.e.f. 11.03.2006 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 Supreme Court in the case of Ramnaresh Rawat (Supra);

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

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

v) Any other relief which this Hon'ble Court deem fit in the facts and circumstances of the case may kindly be granted to the petitioners

It is submitted by the counsel for the petitioners that petitioners were employed on daily wages as Labourer in the respondents department. They were classified as permanent employee on the post of Labourer by order dated 11.03.2006. It is further submitted that now they have 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 petitioners are 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 petitioners are entitled for the minimum of the regular pay scale without increment from the

date of their classification only.

Heard the learned counsel for the parties. The petitioners were classified by order dated 11.03.2006. Accordingly, if the classification is intact and if they file representation before the authorities for grant of minimum pay scale from 11.03.2006 till the benefit of Sthaikarmi is given to them, 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 Aman AMAN TIWARI 2022.11.11 11:23:37 +05'30'