Mahesh Datt Pathak vs The State Of Madhya Pradesh
2023 Latest Caselaw 6672 MP

                                  1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
       HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                      ON THE 25 th OF APRIL, 2023
                   WRIT PETITION No. 1531 of 2022

BETWEEN:-
MAHESH DATT PATHAK S/O SHRI LT. SHRI RAJARAM
PATHAK, AGED ABOUT 58 YEARS, OCCUPATION:
SERVICE VILLAGE AND POST UTILA (MADHYA
PRADESH)

                                                               .....PETITIONER
(BY SHRI RAVI VALLABH TRIPATHI- ADVOCATE )

AND
1.    THE STATE OF MADHYA PRADESH PRINCIPAL
      SECRETARY VALLABH    BHAWAN   BHOPAL
      (MADHYA PRADESH)

2.    ENGINEER   IN   CHIEF   PUBLIC WORKS
      DEPARTMENT, 27-28 FIRST FLOOR NIRMAN
      BHAWAN ARERA HILS BHOPAL (MADHYA
      PRADESH)

3.    CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT
      THATIPUR,   MORAR,    GWALIOR   (MADHYA
      PRADESH)

4.    EXECUTIVE       ENGINEER        PUBLIC  WORKS
      D E PA R T M E N T DIVISION     NO.1,  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:
                                    ORDER

This petition under Article 226 of the Constitution of India has bee filed

seeking following reliefs:

(a) That, the respondents be directed to give the benefit of classification to the petitioner w.e.f. 15.1.2007.

(b) That, the respondents be directed to give the arrears and other consequential benefits arise due to grant of classification to the petitioner.

(c) Any other relief which this Honourable Court may deem fit and proper in the facts and circumstances of the case including the cost of the litigation is awarded in favour of the petitioner.

It is submitted by the counsel for the petitioner that petitioner was employed as daily wages as Time Keeper in the respondents department. He

was classified as permanent employee on the post of Labour by order dated 15.1.2007. 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 15.1.2007. Accordingly, if the classification is intact and if he files a representation before the authorities for grant of minimum pay scale from 15.1.2007 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 2023.04.26 17:37:19 +05'30'