Sunder Lal Das Sonwane vs The State Of Madhya Pradesh
2022 Latest Caselaw 13733 MP

     1            W.P. No. 13943/2017 & W.P. No. 23540/2017

         THE HIGH COURT OF MADHYA PRADESH
                    AT JABALPUR
                       BEFORE
         HON'BLE SHRI JUSTICE VISHAL DHAGAT
            WRIT PETITION No. 13943 of 2017

BETWEEN:-
1.  SUNDER LAL DAS SONWANE S/O LATE SHRI LAXMAN DAS,
    AGED ABOUT 48 YEARS, OCCUPATION: SERVICE
    CHOKIDAR POSTED SUB DIVISION CHOURAI R/O H.NO.
    CHAND ROAD CHORAI NEARBY WATER TANK DIST.
    CHHINDWARA (MADHYA PRADESH).

2.   DEVI PRASAD SHARNAGAT S/O SHRI UDAL SHARNAGAR,
     AGED ABOUT 54 YEARS, OCCUPATION: SERVICE LABOUR
     POSTED PUBLIC HEALTH ENGINEERING DEPTT. DIVISION
     CHHINWARA CHOURAI BEHIND THE FOREST OFFICE IN
     THE JAIN NIWAS, DISTRICT CHHINDWARA (MADHYA
     PRADESH).

3.   RAM NATH VERMA S/O LATE SHRI ADHAR VERMA, AGED
     ABOUT 52 YEARS, OCCUPATION: SERVICE LABOUR
     POSTED PUBLIC EHEALTH ENGINEERING DEPTT.
     DIVISION CHHINDWARA VILLAGE MORKHA TEH.
     CHOURAI POST SITA PAR (MADHYA PRADESH).

4.   PRATAP SHARMA (SINCE DECEASED) THROUGH LRS :
     4A. SMT. SUNITA SHARMA W/O LATE SHRI PRATAP
         SHARMA, AGED ABOUT 58 YEARS,
     4B. SUMIT SHARMA S/O LATE PRATAP SHARMA, AGED
         ABOUT 31 YEARS,
     4C. KU. BHAWANI SHARMA D/O LATE PRATAP SHARMA,

         ALL R/O VILLAGE DONGRIYA, POST SITAPAR,
         TEHSIL CHAURAI, DISTT. CHHINDWARA (MADHYA
         PRADESH) PIN - 480115.

5.   HUKUM SINGH (SINCE DECEASED) THROUGH LRS :
     5A. SMT. SHAKUNTI THAKUR W/O LATE SHRI HUKUM
         SINGH, AGED ABOUT 49 YEARS,
      2              W.P. No. 13943/2017 & W.P. No. 23540/2017

     5B.   PADAM SINGH THAKUR S/O LATE SHRI HUKUM
           SINGH, AGED ABOUT 42 YEARS,

           BOTH   R/O   SAMASWAR   CHOURAI,       DISTT.
           CHHINDWARA (MADHYA PRADESH) PIN - 480151.

6.   DULICHAND CHANDERVANSI S/O SHRI SHYAM LAL
     CHANDERVANSHI, AGED ABOUT 60 YEARS, OCCUPATION:
     SERVICE   LABOUR    POSTED    PUBLIC    HEALTH
     ENGINEERING DEPTT. DIVISION CHHINDWARA, R/O
     VILLAGE HASNAPUR POST SITAPUCHARI, DISTRICT
     CHHINDWARA (MADHYA PRADESH).

7.   JAGDISH SHARMA S/O SHRI MATHURA PRASAD SHARMA,
     AGED ABOUT 60 YEARS, OCCUPATION: SERVICE LABOUR
     POSTED PUBLIC HEALTH ENGINEERING DEPTT. DIVISION
     CHHINDWARA, R/O VILLAGE DONGRI POST SITAPAR,
     DISTRICT CHHINDWARA (MADHYA PRADESH).

8.   NANHO VERMA (SINCE DECEASED) THROUGH LRS :
     8A. SMT. RESHMI W/O LATE SHRI NANHO VERMA, AGED
         ABOUT 52 YEARS,
     8B. RAHUL VERMA D/O LATE SHRI NANHO VERMA
         CHOUDHARY, AGED ABOUT 25 YEARS,

           BOTH R/O UDAYDON, POST MARKHANDI, TEHSIL
           CHORAI,   DISTRICT     CHHINDWARA (MADHYA
           PRADESH) PIN - 480001.

                                                .....PETITIONERS
     (BY SHRI RAJESH KUMAR SONI, ADVOCATE)

     AND
1.   THE STATE OF MADHYA PRADESH THR. ITS CHIEF
     SECRETARY,  DEPARTMENT  OF  PUBLIC  HEALTH
     ENGINEERING, VALLABH BHAWAN BHOPAL (MADHYA
     PRADESH).

2.   ENGINEER IN CHIEF, PUBLIC HEALTH AND FAMILY
     WELFARE DEPARTMENT, SATPURA BHAWAN BHOPAL
     (MADHYA PRADESH).
      3             W.P. No. 13943/2017 & W.P. No. 23540/2017


3.   CHIEF ENGINEER PUBLIC HEALTH ENGINEERING
     DEPARTMENT,   NEARBY DAMOHNAKA, JABALPUR
     (MADHYA PRADESH).

4.   EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING
     DEPARTMENT KHAJRI ROAD CHHINDWARA (MADHYA
     PRADESH).

                                       .....RESPONDENTS
     (BY SHRI MANAS VERMA, GOVERNMENT ADVOCATE)

              WRIT PETITION No. 23540 of 2017

BETWEEN:-
    PREM KUMAR SHARMA S/O LATE SHRI NARAYAN PRASAD
    SHARMA, AGED ABOUT 56 YEARS, OCCUPATION: SERVICE
    CHOKIDAR POSTED SUB DIVISION CHOURAI H.NO.
    VILLAGE DONGRIYA POST SITA PAR (MADHYA PRADESH).

                                                 .....PETITIONER
     (BY SHRI RAJESH KUMAR SONI, ADVOCATE)

AND
1.  THE STATE OF MADHYA PRADESH THROUGH ITS CHIEF
    SECRETARY, DEPT. OF PUBLIC HEALTH ENGINEERING,
    VALLABH BHAWAN BHOPAL (MADHYA PRADESH).

2.   ENGINEERING IN CHIEF, DEPARTMENT OF PUBLIC
     HEALTH ENGINEERING, SATPURA BHAWAN, BHOPAL,
     DISTT. BHOPAL (MADHYA PRADESH).

3.   THE   CHIEF   ENGINEER   PUBLIC  ENGINEERING
     DEPARTMENT, NEARBY DAMOH NAKA JABALPUR DISTT.
     JABALPUR (MADHYA PRADESH).

4.   THE EXECUTIVE ENGINEERING PUBLIC HEALTH
     ENGINEERING DEPT. KHAJRI ROAD CHHINDWARA DISTT.
     CHHINDWARA (MADHYA PRADESH).
                                       .....RESPONDENTS
     (BY SHRI MANAS VERMA, GOVERNMENT ADVOCATE)
      4                      W.P. No. 13943/2017 & W.P. No. 23540/2017

............................................................................................
   Reserved on :     22.09.2022
      Delivered on                    :            18.10.2022
..............................................................................................
      These petitions coming on for hearing this day, the Court passed the
following:
                                  ORDER

In W.P. No. 13943/2017 :-

Petitioners have filed this writ petition under Article 226 of the Constitution of India. Grievance of the petitioners is that even after classification of petitioners as permanent employees by order dated 13.12.2010, they had not been granted monetary benefits and benefits of circular of State Government dated 07.10.2016. Prayer is made that petitioners be treated similarly at par with other employees, who had been granted benefit of increased remuneration after their classification as permanent employees.

2. Petitioners by way of amendment, which was incorporated on 01.11.2018, had made a prayer for quashing of orders contained in Annexure P/10 and P/11 dated 03.05.2011 and 26.07.2011, by which classification order of petitioners dated 13.12.2010 was modified and it was ordered that petitioners were daily wage labourers and they will continue to receive remuneration as was being paid to them earlier.

3. Counsel appearing for the petitioners submitted that petitioners case is covered by judgment passed in W.P. No. 4018/2020 (Kamta Prasad vs State of M.P. and others) dated 26.08.2021. By said order, impugned orders of cancelling classification were quashed and direction was given to respondents to give benefit of classification to petitioners and pay them arrears alongwith interest @ 8% per annum.

4. Counsel appearing for the respondents submitted that petitioners had already been granted benefit of circular dated 07.10.2016 by order dated 05.09.2017, therefore, petition so far as relief No. 7.2 is concerned has become infructuous. In respect to other reliefs, which have been prayed by the petitioners for quashing of order dated 03.05.2011 and 26.07.2011, respondents had filed additional reply. It has been stated that petitioners were not appointed against sanctioned and vacant post and said petitioners as per M.P. Industrial Employment Standing Order Act, 1961 have been categorized as classified employees but, were engaged as daily rated employees and were to be paid on basis of collectorate rate and no specific pay scale has been extended in their faovur. In view of same, petitioners are not entitled for any additional pay or additional benefit and therefore, they were being paid the same remuneration. The petitioners are not entitled for any pay fixation and earlier orders contained in Annexure P/1 and P/2 have been modified by orders dated 03.05.2011 and 26.07.2011. Said orders have not been challenged therefore, same has become final and petitioners are not entitled to get any other benefits. Prayer is made for dismissal of the writ petition. Petitioners have already been extended the benefit of circular dated 07.10.2016. Cut off date has been fixed to give the benefit in the scheme itself. In view of same, petitioners are not entitled for any reliefs and therefore, writ petition be dismissed.

5. Heard the counsel for the parties.

6. On going through order dated 13.12.2010, it is found that under M.P. Industrial Employment Standing Order Act, 1961 and under M.P. Employment (Standard Standing Orders) Rules, 1963, petitioners were classified as permanent employees. However, it has been stated in order that despite their classification as permanent Chowkidar, petitioners will

not be entitled to any increase in their salary and they will continue to get wages as per the collectorate rate. Later on, order dated 13.12.2010 was modified by order dated 03.05.2011 and by said modification, word Chowkidar mentioned in order was replaced by daily wage Chowkidar and therefore, petitioners will get same remuneration, which they were getting earlier. From going through impugned orders, it has been found that permanent status of petitioners was not taken away by order dated 03.05.2011. Only words 'Daily Wage Labourer' was added before word 'Chowkidar.' Order nowhere says that permanent status of the petitioners is taken away by modified orders. Petitioners had already been given permanent status. Once they are given permanent status, even if not regularized, they are entitled to get the minimum of the pay scale of the post. Impugned orders dated 03.05.2011 and 26.07.2011 are quashed. Petitioners are entitled to get minimum of the pay scale of the Chowkidar from 13.12.2010.

7. Petitioners have filed this petition in the year 2017, therefore, they will not be entitled to get any interest on arrears. If arrears are not paid within a period of three months, then petitioners are entitled to get interest @ 6% per annum on arrears from the date of passing of the order. Benefit which has been accrued to petitioners by circular dated 07.10.2016 is not disturbed.

8. Writ petition No. 13943/2017 is disposed off accordingly.

In W.P. No. 23540/2017 :-

Petitioner in this writ petition has not challenged orders dated 03.05.2011 and 26.07.2011 by filing application for proposed amendment.

This Court has passed final order in linked petition i.e. W.P. No. 13943/2017 and directed respondents to grant benefit of minimum of the pay scale to petitioner from 2010 when they were classified as permanent employee under M.P. Industrial Employment Standing Order Act, 1961 and under M.P. Employment (Standard Standing Orders) Rules, 1963. Though, petitioner is not challenging orders dated 03.05.2011 and 26.07.2011 but, in identical circumstances and situation, petitioners in W.P. No. 13943/2017 has been granted the benefit, therefore, I see no reason not to grant similar benefits to petitioner, who is similarly circumstanced. Therefore, this writ petition is also disposed off in terms of the order passed in W.P. No. 13943/2017.

2. Writ petition No. 23540/2017 is disposed off accordingly.

(VISHAL DHAGAT) JUDGE vkt

Digitally signed by VINOD KUMAR TIWARI

VINOD KUMAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=502f56362111056e3584ca82279e5efd816766cb7c5a1f 490a5ca63b1116883f,

TIWARI pseudonym=064375E039EECAAF492B2C2C606076E420E163D2 , serialNumber=121D0E9F65C983AD56493378702622477111B50 16F24D35FA8A76C2CA46685EE, cn=VINOD KUMAR TIWARI Date: 2022.10.18 18:28:54 +05'30'