Rameshwar Prasad Badhai vs The State Of Madhya Pradesh
2023 Latest Caselaw 6200 MP

                                                      1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE ANAND PATHAK
                                             ON THE 18 th OF APRIL, 2023
                                          WRIT PETITION No. 8668 of 2023

                          BETWEEN:-
                          1.    RAMESHWAR      PRASAD     BADHAI     S/O
                                HANUMANDEEL BADHAI, AGED ABOUT 51 YEARS,
                                OCCUPATION: STHAI KARMI R/O EMPLOYEE OF
                                PWD, SUB DIVISION CHURHAT, DISTT. SIDHI
                                (MADHYA PRADESH)

                          2.    DWARIKA PRASAD VAISHYA S/O RAM SIPAHI
                                VAISHYA, AGED ABOUT 62 YEARS, OCCUPATION:
                                STHAI KARMI, PWD SUB DIVISION CHURHAT,
                                DISTRICT SIDHI (MADHYA PRADESH)

                          3.    RAJMANI VAISHYA S/O RAGHUVAR SHARAN
                                VAISHYA, AGED ABOUT 61 YEARS, OCCUPATION:
                                STHAI KARMI, PWD SUB DIVISION CHURHAT,
                                DISTRICT SIDHI (MADHYA PRADESH)

                          4.    JAGDISH SINGH S/O RAMKISHOR SINGH, AGED
                                ABOUT 58 YEARS, OCCUPATION: STHAI KARMI,
                                PWD SUB DIVISION CHURHAT, DISTRICT SIDHI
                                (MADHYA PRADESH)

                          5.    SAKENDRA PATEL S/O CHANDRABHAN PATEL,
                                AGED ABOUT 54 YEARS, OCCUPATION: STHAI
                                KARMI, PWD SUB DIVISION CHURHAT, DISTRICT
                                SIDHI (MADHYA PRADESH)

                                                                            .....PETITIONERS
                          (BY SHRI SUDHANSHU KUMAR SINGH- ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                THE PRINCIPAL SECRETARY PUBLID WORKS
                                DEPARTMENT MANTRALAYA VALLABH BHAWAN
                                BHOPAL, M.P. (MADHYA PRADESH)

                          2.    ENGINEER   IN    CHIEF, PUBLIC   WORKS
                                DEPARTMENT BHAWAN PLOT NO. 27/28 ARERA
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 4/19/2023
10:51:17 AM
                                                       2
                                HILLS BHOPAL (MADHYA PRADESH)

                          3.    CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT
                                REWA PARICHHETRA REWA (MADHYA PRADESH)

                          4.    EXECUTIVE     ENGINEER, PUBLIC    WORKS
                                DEPARTMENT DIVISION SIDHI, DISTRICT SIDHI
                                (MADHYA PRADESH)

                          5.    S . D . O . , PUBLIC WORKS DEPARTMENT SUB
                                DIVISION CHURHAT, DISTRICT SIDHI (MADHYA
                                PRADESH)

                                                                                              .....RESPONDENTS
                          (BY SMT. GULABKALI PATEL- GOVERNMENT ADVOCATE )

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

The petitioners have preferred this petition under Article 226 of the Constitution of India seeking following relief:-

"(i). This Hon'ble High Court may kindly be pleased to issue an appropriate writ to direct the respondents to pay arrears minimum pay- scale of 7th pay-scale since 15.12.2016 as per circular and order (P/2) with all consequential benefits, in the interest of justice.

(ii). To grant any other relief which may deem fit and proper in

the facts and circumstances of the case.

2. It is the submission of learned counsel for the petitioners that they are employees of Public Health Engineering Department and in pursuance of notification dated 07.10.2016, they have been classified as permanent employee vide order dated 06.01.2017 (Annexure-P/1). After regularization, they are seeking revision of minimum pay-scale as per 7th Pay Commission with all Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 4/19/2023 10:51:17 AM

consequential benefits and arrears thereof. They referred the judgment passed by Apex Court in the case of Ram Naresh Rawat Vs. Ashwini Ray and Ors., (2017) 3 SCC 436. Leaned counsel for the petitioners referred different orders passed by this Court in the case of similarly placed employee from time to time. Learned counsel seeks consideration over representation preferred by the petitioners.

3. Learned counsel for the respondent/State submits that if the petitioners preferred a fresh representation, the same shall be taken care of in accordance with law and prevailing guidelines/rules.

4. Considering the rival submissions, this petition is disposed of with a direction to the petitioners to prefer a representation within 15 days from the date of receipt of certified copy of the order passed today raising all their grievances as per law.

5. If any representation is preferred by the petitioners within such period, then the respondents/authority shall take into account the relevant rules/guidelines and orders passed in other cases and thereafter ensure passing of a reasoned order in accordance with law within four weeks thereafter under due intimation to the petitioners.

6. It is made clear that this Court has not expressed any opinion on the merit of the case and case of the petitioners shall be decided on its own merit.

7. With the above, the petition is finally disposed of.

(ANAND PATHAK) JUDGE rk.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 4/19/2023 10:51:17 AM