Public Health Engineering ... vs Gendalal
2022 Latest Caselaw 13502 MP

                                                            1
                                IN    THE      HIGH    COURT OF MADHYA               PRADESH
                                                        AT I N D O R E
                                                          BEFORE
                                             HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                             &
                                       HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
                                                 ON THE 13th OF OCTOBER, 2022
                                                 WRIT APPEAL No. 1229 of 2018

                           BETWEEN:-
                           1.        STATE OF M.P. THROUGH PRINCIPAL SECRETARY,
                                     PUBLIC HEALTH ENGINEERING DEPARTMENT
                                     VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

                           2.        CHIEF  SECRETARY FINANCE DEPARTMENT,
                                     MANTRALAYA VALLABH BHAWAN    BHOPAL
                                     (MADHYA PRADESH)

                           3.        CHIEF ENGINEER PUBLIC HEALTH ENGINEERING
                                     DEPARTMENT,   SATPURA  BHAWAN    BHOPAL
                                     (MADHYA PRADESH)

                           4.        EXECUTIVE    ENGINEER   PUBLIC       HEALTH
                                     ENGINEERING     DEPARTMENT,        DIVISION-
                                     KHARGONE, (MADHYA PRADESH)

                                                                                    .....APPELLANTS
                           ( SHRI AAKASH SHARMA, LEARNED GOVERNMENT ADVOCATE FOR THE
                           APPELLANTS)

                           AND
                           1.        GENDALAL S/O SHANKARLAL DASHORE, AGED
                                     ABOUT 58 YEARS, OCCUPATION: HANDPUMP
                                     TECHNICIAN PUBLIC HEALTH ENGINEERING
                                     DEPARTMENT SAMBHAG KHARGONE (MADHYA
                                     PRADESH)

                           2.        SHIVNAAYAN S/O LAXMINARAN JOSHI, AGED
                                     ABOUT 57 YEARS, OCCUPATION: HAND PUMP
                                     TECHNICIAN PUBLIC HEALTH ENGINEERING
                                     DEPARTMENT DIVISION - KHARGONE, (MADHYA
                                     PRADESH)

                           3.        BHAGWAN   S/O    CHHOTERAM   PATIDAR,   AGED
Signature Not Verified
Signed by: PRAVEEN
NAYAK
Signing time: 10/13/2022
6:23:27 PM
                                                        2
                                 ABOUT 56 YEARS, OCCUPATION: HAND PUMP
                                 TECHNICIAN PUBLIC HEALTH ENGINEERING
                                 DEPARTMENT DIVISION - KHARGONE, (MADHYA
                                 PRADESH)

                           4.    SURESH S/O CHAMPALAL GOLE, AGED ABOUT 53
                                 YEARS, OCCUPATION: HAND PUMP TECHNICIAN
                                 PUBLIC HEALTH ENGINEERING DEPARTMENT
                                 DIVISION - KHARGONE, (MADHYA PRADESH)

                                                                                          .....RESPONDENTS


                           This appeal coming on for orders this day, JUSTICE VIVEK RUSIA passed
                           the following:
                                                                ORDER

I.A. No.4487/2018 seeking condonation of delay is allowed.

Heard on the question of admission.

The appellants have filed present appeal being aggrieved by the order dated 16.05.2018 passed in Writ Petition No.461/2018 whereby the Writ Court has allowed the Writ Petition directing the respondents therein to grant the benefit of Kramonnati w.e.f.2003 and time bound pay scale w.e.f.2013 alongwith monetary benefits and arrears for the above periods. The Writ Court allowed the Writ Petition by placing reliance on the judgment passed in case of Teju Lal Yadav Vs. State of Madhya Pradesh and Ors reported in ILR (2009) MP 1326. Factual aspects of the matter was not in dispute before the Writ Court as well as the judgment passed in case of Teju Lal Yadav (supra). Relying on judgment passed in Teju Lal Yadav (supra), the Single Bench as well as Division Bench have granted Kramonnati and Time bound pay scale to the employees working in the department of PWD, Public Health Department and RES etc. Thousands of the employees have been benefited by the judgment passed in case of Teju Lal Yadav (supra) . Infact the Government has implemented the Signature Not Verified Signed by: PRAVEEN NAYAK Signing time: 10/13/2022 6:23:27 PM

orders without challenging the same before the Apex Court. In view of the above, we are not inclined to interfere with the impugned order passed by Writ Court. Accordingly, Writ Appeal is hereby dismissed. Pending applications, if any, are closed.

                           (VIVEK RUSIA)                                  (AMAR NATH (KESHARWANI))
                                JUDGE                                              JUDGE




                           Praveen




Signature Not Verified
Signed by: PRAVEEN
NAYAK
Signing time: 10/13/2022
6:23:27 PM