Matadeen vs The State Of Madhya Pradesh
2022 Latest Caselaw 15687 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                          BEFORE
                                        HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                                ON THE 28th OF NOVEMBER, 2022

                                            WRIT PETITION No. 27269 of 2022

                                   BETWEEN:-
                                   MATADEEN S/O SHRI DHANPAL, AGED ABOUT
                                   65 YEARS, OCCUPATION: RETIRED, R/O LAL
                                   BAHADUR SHATRI COLLAGE KE SAMNE,
                                   SURESH      NAGAR THATIPUR,    DISTRICT
                                   GWALIOR (MADHYA PRADESH)

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

                                   AND
                           1.      THE STATE OF MADHYA PRADESH THROUGH
                                   PRINCIPAL SECRETARY, WATER RESOURCES
                                   DEPARTEMENT,   MANTRALAYA,     VALLABH
                                   BHAWAN BHOPAL (M.P.) (MADHYA PRADESH)

                           2.      PRAMUKH ABHIYANTA, WATER RESOURCE
                                   D EPARTM EN T, NARMADA BHAWAN, TULSI
                                   NAGAR BHOPAL (MADHYA PRADESH)

                           3.      MUKHYA    ABHIYANTA, WATER RESOURCE
                                   DEPARTM ENT, CHAMBAL BETWA KACHAR,
                                   BHOPAL (MADHYA PRADESH)

                           4.      ADHIKSHAN   YANTRI, WATER RESOURCE
                                   DEPARTMENT, MANDAL GWALIOR (MADHYA
                                   PRADESH)

                           5.      KARYAPALAN        YANTRI, WATER RESOURCE
                                   D E PA R T M E N T, HARSI   BANDH  YOJNA
                                   SAMBHAG DABRA,          DISTRICT GWALIOR
                                   (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                                   (BY SHRI VIJAY SUNDARAM - PANEL LAWYER )

                                 Th is petition coming on for Hearing this day, th e court passed the
                           following:
Signature Not Verified
Signed by: LOKENDRA JAIN
Signing time: 11/29/2022
10:27:52 AM
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                                                                ORDER

The present petition has been filed by the petitioner challenging the order dated 27-09-2021 (Annexure P/1) and 24-12-2021 passed by respondent No.5, 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 Labour and filed this petition seeking direction to the respondents to give the service benefit and pay scale of the post of permanent classified Labour 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 of 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 Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/29/2022 10:27:52 AM

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 as mentioned in the aforesaid orders.

Prayer appears to be reasonable.

Looking to the overall facts and circumstances of the case, the orders passed by the Authorities (Annexure P/1) and (Annexure P/2) dated 27-09-2021 and 24.12.2021 do not sustain the judicial scrutiny and are 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.

(MILIND RAMESH PHADKE) JUDGE (LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/29/2022 10:27:52 AM