Kashiram vs The State Of Madhya Pradesh
2023 Latest Caselaw 6211 MP

                                  1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
       HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                      ON THE 18 th OF APRIL, 2023
                   WRIT PETITION No. 8819 of 2023

BETWEEN:-
KASHIRAM S/O LATE SHRI MISHARILAL, AGED ABOUT
58  YEARS, OCCUPATION: LABOUR R/O PIPRODA
KHURD (MADHYA PRADESH)

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

AND
1.    THE STATE OF MADHYA PRADESH PRINCIPAL
      SECRETARY THROUGH PRINCIPAL SECRETARY
      PUBLIC   WORKS  DEPARTMENT    (MADHYA
      PRADESH)

2.    ENGINEER     IN     CHIEF PUBLIC WORKS
      D EPARTM EN T 27-28 FIRT FLOOR NIRMAN
      BHAWAN ARERA HILLS BHOPAL (MADHYA
      PRADESH)

3.    CHIEF ENGINEER CHIEF ENGINEER PUBLIC
      WORKS DEPARTMENT NORTH ZONES THATIPUR
      (MADHYA PRADESH)

4.    SUPERINTENDING ENGINEER PUBLIC WORKS
      D E PA R T M E N T MANDAL GUNA (MADHYA
      PRADESH)

                                                            .....RESPONDENTS
(BY SHRI NEELESH SINGH 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 bee filed

seeking following reliefs:

7.1 That, a direction may kindly be given to the respondents to give the service benefit and minimum pay scale of the post of the permanent classified Labour from the date of his classification as permanent employee to the petitioner. And pay the arrears of salary on fixation of pay along with all consequence benefits with interest from the date of his Classification.

7.2 That, the respondents may further be directed to treat the petitioner at par with their similarly placed co-employees with seniority and consequential benefits on the post of Labour from the date of his Classification. 7 . 3 That, any other relief, which this Hon'ble Court may deem fit and proper may also be given to the petitioner along with costs.

It 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 24.4.2013. 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 24.4.2013. Accordingly, if

the classification is intact and if he files a representation before the authorities for grant of minimum pay scale from 24.4.2013 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.

(MILIND RAMESH PHADKE) JUDGE Pawar

ASHISH PAWAR 2023.04.19 18:15:23 +05'30'