Vishnu Rajput vs The State Of Madhya Pradesh
2022 Latest Caselaw 13669 MP

                              1
         IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                               BEFORE
             HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                     ON THE 17th OF OCTOBER, 2022

                 WRIT PETITION No. 17173 of 2019

       BETWEEN:-
       VISHNU RAJPUT S/O SHRI LAXMAN SINGH
       RAJPUT, AGED 56 YEARS, OCCUPATION:
       SERVICE R/O JACHHA KHANA ROAD IN
       FRONT OF SHRIRAM MANDIR LASHKAR,
       GWALIOR (MADHYA PRADESH)

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

       AND
1.     THE STATE OF MADHYA PRADESH
       PRINCIPAL   SECRETARY    VALLABH
       BHAWAN, BHOPAL (MADHYA PRADESH)

2.     ENGINEER IN CHIEF WATER RESOURCE
       D E PA R T M E N T NARMADA BHAWAN
       BHOPAL (MADHYA PRADESH)

3.     CHIEF ENGINEER YAMUNA BASIN WATER
       RESOURCES     DEPARTMENT CHAMBAL
       COLONY THATIPUR MORAR (MADHYA
       PRADESH)

4.     EXECUTIVE ENGINEER WATER RESOURCE
       D E P A R T M E N T BANDH SURAKSHA
       SAMBHAG GWALIOR THATIPUR MORAR
       (MADHYA PRADESH)

                                                     .....RESPONDENTS
       (BY SHRI G.K. AGARWAL - GOVT. ADVOCATE )

      This petition coming on for hearing this day, the court passed the
following:
                               ORDER

This petition under Article 226 of the Constitution of India has been filed seeking following relief:

i. That, a direction may kindly be given to the respondents to modify the order dated 26.09.2017 and to pay the salary as per pay scale of the Copiest to the petitioner from the date of this classification as held by the Hon'ble Supreme Court in the case of Ram Naresh Rawat.

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

By impugned order dated 26.09.2017 classification order issued in favour of the petitioner has been cancelled. It is submitted by the counsel f o r the petitioner that this petition is covered by judgment dated

26.08.2021 passed by coordinate Bench of this Court in W.P. No.4018/2020 (Kamta Prasad Vs. State of Madhya Pradesh and others). The said order was challenged by the State by filing W.A. No.1166/2021 which too has been dismissed by the Division Bench of this Court by order dated 03.03.2022 and the order passed by the Writ Court was maintained except the cost which was imposed. Thus, it is submitted that in the light of the order passed in the case of Kamta Prasad (supra), the impugned order of cancellation of classification order is liable to be quashed.

P e r contra, counsel for the State could not point out any distinguishable aspects and also admitted that the case in hand is duly covered by order passed by coordinate Bench of this Court in the case of Kamta Prasad (supra).

Heard the learned counsel for the parties. The controversy involved in the present case is duly covered by the order passed by coordinate Bench of this Court in the case of Kamta Prasad (supra). T he order of classification of the petitioner was also cancelled after a direction was given to decide the representation for extending the benefit of minimum of pay scale as directed by the Supreme Court in the case of Ram Naresh Rawat Vs. Ashwini Ray and others reported in (2017) 3 SCC 436.

In absence of any distinguishable features, this petition is also allowed in the terms and conditions of the order dated 26.08.2021 passed in W.P. No.4018/2020 and the impugned order dated 26.09.2017 by which the classification order of the petitioner was cancelled is hereby quashed.

No order as to cost.

(MILIND RAMESH PHADKE) JUDGE adnan

ASHISH PAWAR 2022.10.18 16:21:22 +05'30'