Anil Kumar Khampariya vs The State Of Madhya Pradesh
2022 Latest Caselaw 13734 MP

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                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                            ON THE 18th OF OCTOBER, 2022

                                        WRIT PETITION No. 22925 of 2022

                                BETWEEN:-
                           1.   ANIL KUMAR KHAMPARIYA S/O MOHAN
                                LALKHAMPARIYA, AGED ABOUT 63 YEARS,
                                OCCUPATION: RETIRED R/O 751, BASANT
                                NAGAR, BARGI, RADHE RANI MANDIRKE PASS,
                                DISTRICT JABALPUR (MADHYA PRADESH)

                           2.   ASHOK KUMAR MISHRA S/O HETRAM, AGED
                                ABOUT 62 YEARS, OCCUPATION: RETIRED R/O
                                H-35 BARGI HILLS NEAR DURGA TEMPLE
                                TRIPURI WARD TILWARA GARHA JABALPUR
                                DISTRICT JABALPUR (MADHYA PRADESH)

                           3.   MOOLCHAND SHARMA S/O BUDDHULAL
                                SHARMA,    AGED   ABOUT     62    YEARS,
                                OCCUPATION: RETIRED R/O H.NO. 21/1 GRAM
                                GURUPIPARIYA     GRAM        PANCHAYAT
                                GURUPIPARIYA POST UDNA (SADAK) TEHSIL
                                PATAN UDNA JABALPUR (MADHYA PRADESH)

                           4.   SURAJ SINGH LODHI S/O LAXMAN SINGH,
                                AGED    ABOUT    64    YEARS, OCCUPATION:
                                RETIRED R/O 47 SIMARIYA PATAN GRAM AND
                                POST   SIMARIYA     DISTTRICT   JABALPUR
                                (MADHYA PRADESH)

                           5.   RAJENDRA     KUMAR    SHRIVASTAVA   S/O
                                MAHIPATI PRASAD SHRIVASTAVA, AGED
                                ABOUT 62 YEARS, OCCUPATION: RETIRED R/O
                                H.N. 48 DAMOH ROAD GURU MOHALLA WARD
                                NO. 09 PATAN JABALPUR DISTRICT JABALPUR
                                (MADHYA PRADESH)

                           6.   SHOBHARAM RAJAK S/O DHAN LAL, AGED
                                ABOUT 64 YEARS, OCCUPATION: RETIRED R/O
                                HOUSE NO. 29 GRAM PANCHAYAT RIYANA
                                GRMA RIYANA PATAN JABALPUR (MADHYA
                                PRADESH)

                           7.   RAMDARSHAN GATWAR S/O RAMNARAYAN,
                                AGED  ABOUT  63  YEARS, OCCUPATION:
Signature Not Verified
Signed by: ARVIND KUMAR
DUBEY
Signing time: 10/18/2022
6:25:40 PM
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                                   RETIRED R/O 6 K GRM JHAMER PATAN UDANA
                                   JABALPUR DISTRICT JABALPUR (MADHYA
                                   PRADESH)

                                                                                           .....PETITIONERS
                                   (BY SHRI VAIBHAV PANDEY, ADVOCATE)

                                   AND
                           1.      THE STATE OF MADHYA PRADESH THROUGH
                                   THE PRINCIPAL SECRETARY DEPARTMENT OF
                                   N.V.D.A VALLABH BHAWAN BHOPAL (MADHYA
                                   PRADESH)

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

                           3.      THE CHIEF ENGINEER RANI AWANTI BAI
                                   LODHI   SAGAR  PARIYOJNA BARGI HILLS
                                   JABALPUR (MADHYA PRADESH)

                           4.      THE EXECUTIVE ENGINEER RANI AWANTI BAI
                                   LODHI SAGAR LEFT BANK CANAL DIVISION
                                   NO. 2 BARGI HILLS DISTRICT JABALPUR
                                   (MADHYA PRADESH)

                           5.      DISTRICT PENSION OFFICER TREASURY AND
                                   ACCOUN TS DISTRICT JABALPUR (MADHYA
                                   PRADESH)

                                                                                         .....RESPONDENTS
                                   (BY SHRI A. RAJESHWAR RAO, GOVT. ADVOCATE )

                                 Th is petition coming on for hearing this day, th e court passed the
                           following:
                                                                 ORDER

Petitioners have filed this petition under Article 226 of the Constitution of India making a prayer that petitioners have preferred a representation (Annexure P/5) before respondents authorities to consider the case of employees for grant of benefit of minimum of pay scale.

It is submitted by the counsel appearing for the petitioners that this Court has extended the benefit of minimum of pay scale to permanent employees from Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 10/18/2022 6:25:40 PM

date of initial appointment. Order passed by this Court has been affirmed by the Apex Court and judgment is reported in (2017) 3 SCC 436, Ram Naresh Rawat vs Ashwini Ray and others. Counsel appearing for the petitioner Sangh submitted that respondent authorities be directed to consider the representation in accordance with law laid down by the Apex Court in Case of Ram Naresh Rawat (supra).

Government Advocate appearing for the State submitted that the representation submitted by petitioners shall be considered in accordance with law.

Heard the counsel for the parties.

Considering aforesaid, writ petition filed by petitioners is disposed off directing respondents authorities to consider the representation of petitioners in accordance with law and also taking into consideration the judgment of Apex Court passed in case of Ram Naresh Rawat (supra). Said exercise be carried out within a period of 120 days from the date of receipt of certified copy of the order passed today.

No opinion is expressed on the merits of the case. With aforesaid direction, writ petition is disposed off. C.C. as per rules.

(VISHAL DHAGAT) JUDGE DUBEY/-

Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 10/18/2022 6:25:40 PM