Smt. Gyasi Bai vs The State Of Madhya Pradesh
2022 Latest Caselaw 13740 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
              HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                         ON THE 18th OF OCTOBER, 2022

                    WRIT PETITION No. 23160 of 2022

        BETWEEN:-
        SMT. GYASI BAI S/O LATE SHRI KAMAL SINGH,
        AGED    ABOUT     70   YEARS, OCCUPATION:
        RETIRED VILLAGE SONJNA THANA TIGHARA
        (MADHYA PRADESH)

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

        AND
1.      THE STATE OF MADHYA PRADESH THROUGH
        PRINCIPAL SECRETARY VALLABH BHAWAN
        BHOPAL (M.P.) (MADHYA PRADESH)

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

3.      CHIEF       ENGINEER PUBLIC   WORKS
        DEPARTMENT THATIPUR, MORAR, GWALIOR
        (MADHYA PRADESH)

4.      EXECUTIVE      ENGINEER PUBLIC WORKS
        D EPARTM EN T DIVISION NO. 1, GWALIOR
        (MADHYA PRADESH)

                                                             .....RESPONDENTS
        (BY SHRI NEELESH TOMAR- GOVT. ADVOCATE )

      This petition coming on for admission this day, th e court passed the
following:
                                     ORDER

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

(i) That, a direction may kindly be given to the respondents to pay the minimum of pay in the graded pay scale of the post of helper to the petitioner from the date of her classification till the date of her retirement as held by the Hon'ble Supreme Court in the case of Ram Naresh 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 petitioner was employed on daily wages as Helper in the respondents department and she was classified by order dated 02.03.2005. The petitioner has retired on 31.05.2014. She was not 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 the date of retirement i.e. 31.05.2014, has not been paid 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 03.06.2005. Accordingly, if the classification is intact and if she files a representation before the authorities for grant of minimum pay scale from 02.03.2005 till the date of her retirement i.e. 31.05.2014, 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.

(MILIND RAMESH PHADKE) JUDGE Adnan

ABDUR RAHMAN 2022.10.18 20:22:45 +05'30'