Pradeep Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 13442 MP

                                                             1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                           BEFORE
                                        HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                                  ON THE 12th OF OCTOBER, 2022

                                              WRIT PETITION No. 14232 of 2021

                                   BETWEEN:-
                                   PRADEEP SHARMA S/O LATE SHRI R. P.
                                   SHARMA,   AGED    ABOUT    59  YEARS,
                                   OCCUPATION: SERVICE AS SKILLED TYPIST,
                                   R/O R-7 BANKARS COLONY, THATIPUR,
                                   GWALIOR (MADHYA PRADESH)

                                                                                           .....PETITIONER
                                   (BY SHRI B.P. SINGH - ADVOCATE)

                                   AND
                           1.      THE STATE OF MADHYA PRADESH THROUGH
                                   PRINCIPAL SECRETARY, PUBLIC WORKS
                                   DEPARTMENT    MANTRALAYA,    VALLABH
                                   BHAWAN BHOPAL (MADHYA PRADESH)

                           2.      ENGINEER-IN-CHIEF,    PUBLIC    WORKS
                                   DEPARTMENT, 27-28 FIRST FLOOR, NIRMAN
                                   BHAWAN, ARERA HILS, BHOPAL (MADHYA
                                   PRADESH)

                           3.      CHIEF            ENGINEER, PUBLIC   WORKS
                                   D E PA R T M E N T (NOTH   ZONE)  THATIPUR,
                                   MORAR, GWALIOR (MADHYA PRADESH)

                           4.      EXECUTIVE  ENGINEER,  PUBLIC   WORKS
                                   DEPARTMENT (E & M) DIVISION, THATIPUR
                                   (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                                   (BY SHRI DEVENDRA CHAUBEY - 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

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 12-10-2022 06:04:11 PM

seeking the following relief:-

"i) That, a direction may kindly be given to the respondents to pay the minimum of the graded pay scale of the post of skilled Typist to the petitioner from the date of his classification till 31.08.2016 as held by the Hon'ble Supreme Court in the case of Ramnaresh Rawat;

ii) Any other relief, which this Hon'ble Court may deem fit and proper, may also be given to the petitioner."

It is submitted by the counsel for the petitioner that the petitioner was

employed as daily wages as skilled Typist in the respondents department. He was classified as permanent employee on the post of skilled Typist by order dated 16.02.2005. 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 16.02.2005. Accordingly, if the classification is intact and if petitioner files a representation before the authorities for grant of minimum pay scale from 16.02.2005 till the benefit of Signature Not Verified Signed by: MONIKA SHARMA Signing time: 12-10-2022 06:04:11 PM

Sthaikarmi is given to him, 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 Monika

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 12-10-2022 06:04:11 PM