Hindu Singh vs Water Resource Department
2022 Latest Caselaw 12598 MP

                                                      1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                      BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                            ON THE 20th OF SEPTEMBER, 2022

                                         WRIT PETITION No. 20798 of 2020

                                BETWEEN:-
                           1.   HINDU SINGH S/O MADHUSINGH, AGED ABOUT
                                60  YEARS, OCCUPATION: SERVICE(HELPER)
                                GRAM    KIRKHEDA,    POST AND    TEHSIL
                                DEPALPUR, DIST. INDORE (MADHYA PRADESH)

                           2.   SHAFIQ UR RAHAMAN S/O AJIJ UR RAHMAN,
                                AGED       ABOUT   54   YEARS, OCCUPATION:
                                SERVICE (CHOKIDAR) R/O: GRAM AND POST
                                B E T M A , TEHSIL DEPLAPUR DIST INDORE
                                (MADHYA PRADESH)

                           3.   AKRAM SINGH S/O SULTANSHAH, AGED ABOUT
                                56 YEARS, OCCUPATION: SERVICE R/O: GRAM
                                B O R G O D A , POST GOKALPUR,     TEHSIL
                                DEPALPUR DIST INDORE (MADHYA PRADESH)

                           4.   HAIDARSHAH S/O AKBARSHAH, AGED ABOUT
                                55 YEARS, OCCUPATION: SERVICE R/O: GRAM
                                BIRGODA POST GOKALPUR TEHSIL DEPALPUR,
                                INDORE (MADHYA PRADESH)

                           5.   HARISINGH S/O GANPAT, AGED ABOUT 52
                                YEAR S , OCCUPATION: SERVICE(CHOUKIDAR)
                                R/O: GRAM AND POST LIM BODAPAL TEHSIL
                                DEPALPUR , INDORE (MADHYA PRADESH)

                           6.   RADHAKISHAN S/O KASTURJI, AGED ABOUT 70
                                YEARS, OCCUPATION: SERVICE (CHOUKIDAR)
                                R/O: GIROTA POST GIROTA , TEHSIL DEPALPUR
                                ,DIST INDORE (MADHYA PRADESH)

                           7.   DECEASED    CHATARDAS     S/O   KALUDAS
                                THROUGH ITS LEGAL HEIRS LAXMANDAS S/O
                                LATE CHATARDAS, AGED ABOUT 51 YEARS,
                                OCCUPATION: SERVICE (CHOUKIDAR) R/O:
                                GIROTA POST GIROTA, TEHSIL DEPALPUR,DIST
                                INDORE (MADHYA PRADESH)

                                                                             .....PETITIONER
Signature Not Verified
                                (BY SHRI PRAKHAR KARPE, ADVOCATE )
Signed by: VARGHESE
MATHEW
Signing time: 20-09-2022
17:40:13
                                                                2

                                   AND
                           1.      WATER RESOURCE DEPARTMENT PRINCIPAL
                                   SECRETARY VALLABH BHAWAN BHOPAL (M.P.)
                                   (MADHYA PRADESH)

                           2.      CHIEF       ENGINEER WATER   RESOURCE
                                   DEPARTMENT NARMADA TAPTI KACHAR, OLD
                                   PALASIA, INDORE (MADHYA PRADESH)

                           3.      SUB DIVISIONAL OFFICER WATER RESOURCE
                                   DEPARTMENT SUB DIVISION DEPALPUR, DIST
                                   INDORE (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                                   (BY SHRI SHREY RAJ SAXENA, DY.A.G. )

                                 Th is petition coming on for        orders this day, t h e court passed the

                           following:
                                                                   ORDER

The petitioner submits that the present petition may be disposed off in terms of the order dated 1.9.2017 passed in WP No.5591/2017 Mahesh Kumar Choudhary Vs. Water Resource Department. It is submitted that the petitioner is claiming regular pay scale as also the regularisation on the post from the date of initial appointment.

Counsel for respondents submits that the petitioner is classified as permanent employee and he is entitled for minimum of the pay scale in the light of the judgment passed by the Supreme Court in the case of Ram Naresh Rawat Vs. Sri Ashiwini Ray and Ors. (2017) 3 SCC 436.

After hearing learned counsel for parties, I deem it proper to dispose off the petition with liberty to the petitioner to submit a representation along with the relevant record before the competent authority within seven days from today and if such representation is submitted within the aforesaid period, the same shall be considered and decided by the competent authority in terms of the Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 20-09-2022 17:40:13

order dated 1.9.2017 passed in Mahesh Kumar Choudhary (supra) and also taking into consideration the judgment passed by the Supreme Court in the case of Ram Naresh Rawat (supra) within a period of two months from the date of communication of the order.

(VIJAY KUMAR SHUKLA) JUDGE VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 20-09-2022 17:40:13