Madhya Pradesh High Court
Nand Ram Lodha vs The State Of Madhya Pradesh on 28 October, 2022
Author: Milind Ramesh Phadke
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 28th OF OCTOBER, 2022
WRIT PETITION No. 23442 of 2022
BETWEEN:-
NAND RAM LODHA S/O SHRI KISHAN LAL
LODHA, AGED ABOUT 52 YEARS, OCCUPATION:
SERVICE VILLAGE MOHANPUR KALA, GUNA
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI ALOK SHARMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY PUBLIC HEALTH
ENGINEERING DEPARTMENT MANTRALAYA
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. ENGINEER IN CHIEF PUBLIC HEALTH
ENGINEERING DEPARTMENT JAL BHAWAN,
BAANGANGA ROAD, BHOPAL (MADHYA
PRADESH)
3. CHIEF ENGINEER PUBLIC HEALTH
ENGINEERING DEPARTMENT MECHANICAL,
SATPURA BHAWAN, BHOPAL (MADHYA
PRADESH)
4. EXECUTIVE ENGINEER, PUBLIC HEALTH
ENGINEERING DEPARTMENT MECHANICAL
DIVISION, MOTIMAHAL, GWALIOR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI ROHIT SHRIVASTAVA - PANEL LAWYER )
This petition coming on for admission this day, th e court passed the
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following:
ORDER
This petition under Article 226 of the Constitution of India has been filed
seeking following relief:
i. That, the impugned order dated 22.09.2022
contained in Annexure P/1 may kindly be
quashed and 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 his classification as
held by this Hon'ble Court in W.P.
No.4018/2020 dated 26.08.2021.
(ii) Any other relief, which this Hon'ble Court
may deem fit and proper, may also be given to
the petitioner.
By impugned order dated 08.08.2011 classification order issued in favour
of the petitioner has been cancelled, which came in the knowledge of the
petitioner at the first instance on 22.09.2022, whereby the benefit which was
directed to be extended in the light of Ram Naresh Rawat Vs. Ashwini Ray
and others reported in (2017) 3 SCC 436 was denied. It is submitted by the
counsel for 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.
Per 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). The 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 (supra).
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 costs.
(MILIND RAMESH PHADKE)
JUDGE
ar
ABDUR RAHMAN
2022.10.29
11:33:58 +05'30'
