Bhagirath vs The State Of Madhya Pradesh
2023 Latest Caselaw 5500 MP

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                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                               ON THE 3 rd OF APRIL, 2023
                                            WRIT PETITION No. 1933 of 2023

                          BETWEEN:-
                          BHAGIRATH S/O SHRI MOHAN RAM, AGED 62 YEARS,
                          OCCUPATION: RETIRED R/O VILLAGE GOHINDA
                          TEHSIL BHITARWAR DISTRICT GWALIOR (MADHYA
                          PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI SHYAM SHARMA- ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                PRINCIPAL SECRETARY MINISTRY OF PUBLIC
                                WORKS DEPARTMENT VALLABH BHAWAN
                                BHOPAL (MADHYA PRADESH)

                          2.    THE ENGINEER IN CHIEF PUBLIC WORKS
                                D EPARTM EN T SATPURA BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          3.    THE   CHIEF   ENGINEER   PUBLIC  WORKS
                                D EPARTM EN T GWALIOR DIVISION GWALIOR
                                (MADHYA PRADESH)

                          4.    THE EXECUTIVE ENGINEER PUBLIC WORKS
                                D EPARTM EN T DIVISION NO. 2 GWALIOR
                                (MADHYA PRADESH)

                          5.    THE ASSISTANT ENGINEER PUBLIC WORKS
                                DEPARTMENT SUB DIVISION DABRA DISTRICT
                                GWALIOR (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI G.K. AGARWAL- GOVERNMENT ADVOCATE)

                                This petition coming on for admission this day, th e court passed the
                          following:
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 03-Apr-23
7:42:06 PM
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                                                               ORDER

The present petition filed under Article 226 of the Constitution prays for the following reliefs:-

(i) That, the respondents may kindly be directed to consider the claim of the petitioners in the light of Hon'ble Apex Court decision Ram Naresh Rawat Vs. Ashwani Ray & Others reported in (2017) 3 SCC 436

(ii) That, any other relief which this Hon'ble Court may deem fit and proper may also be given to the petitioner alongwith costs.

I t is submitted by the counsel for the petitioner that petitioner was employed as daily wages as Labour in the respondents department. He was classified as permanent employee on the post of Labour by order dated 29.03.2005. It is further submitted that now he has been 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 extension of benefit of Sthaikarmi has not been paid and 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 29.03.2005. Accordingly, if Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 03-Apr-23 7:42:06 PM

the classification is intact and if he files a representation before the authorities for grant of minimum pay scale from 29.03.2005 till the benefit of Sthaikarmi is given to him, 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. E-copy/Certified copy as per rules and directions.

(MILIND RAMESH PHADKE) JUDGE Chandni

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 03-Apr-23 7:42:06 PM