Ramdas Ken vs The State Of Madhya Pradesh
2023 Latest Caselaw 12523 MP

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                                 ON THE 3 rd OF AUGUST, 2023
                                              WRIT PETITION No. 19091 of 2023

                          BETWEEN:-
                          RAMDAS KEN S/O SHRI SHYAM LAL KEN, AGED ABOUT
                          62  YEARS, OCCUPATION: RETIRED SHUKLAHARI
                          DABRA DISTRICT GWALIOR (MADHYA PRADESH)

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

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

                          2.    ENGINEER   IN   CHIEF WATER RESOURCE
                                DEPARTMENT BHOPAL (MADHYA PRADESH)

                          3.    EXECUTIVE     ENGINEER ELECTRICAL AND
                                ENGINEERING      DEPARTMENT      HEAVY
                                MACHINERY WATER RESOURCES DEPARTMENT
                                THATIPUR (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI P.S. RAGHUVANSHI - GOVERNMENT ADVOCATE)

                                Th is petition coming on for hearing this day, th e court passed the
                          following:
                                                               ORDER

By this petition, filed under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

"(i) That respondents may kindly be directed to release benefit of I and II time pay scale to the petitioner from the due date i.e. completion of 10, Signature Not Verified Signed by: NEETU SHASHANK Signing time: 04-Aug-23 5:42:46 PM

20 and 30 years in service respectively. ( i i ) That, Respondent may kindly be further directed to release aforesaid benefit along with the interest to the tune of 9% PA from due date to actual date of realization.

(iii) That cost of the litigation to the tune of Rs.25,000/- be also directed to be paid.

(iv) Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may also kindly be granted."

At the outset, learned counsel for petitioner referred the judgment of this Court passed in Tejulal Yadav v. State of M.P. and others reported in ILR (2009) M.P. 1326 decided on 23.1.2009 and seeks parity. It is further

submitted that said judgment has been passed on placing reliance upon the earlier judgment passed in the case K. L. Asre v. State of M.P. passed on 7.11.2005 in Writ Petition (S) No.1070/2003.

According to the counsel for petitioner, the State Government issued a circular dated 21.9.2016 granting the benefit to the work charge contingency paid establishment employees with effect from 1.1.2016. However, executive instructions issued by the State Government cannot supersede the judgment delivered by this court, which attained finality and, therefore, the executive instructions issued by the State Government to the extent that cut-off date has been fixed has been quashed. Therefore, petitioner is entitled for all consequential benefits.

Learned counsel for respondents opposed the prayer but however could not dispute the facts.

Considering the submissions made by counsel for the parties, this petition is disposed of with a direction that the petitioner is also entitled for the Signature Not Verified Signed by: NEETU SHASHANK Signing time: 04-Aug-23 5:42:46 PM

same benefit as other similarly placed employees like Tejulal Yadav, K. L. Asre and Gendalal, etc. (petitioners in Writ Petition No.461/2018) and the judgment passed in those orders would apply mutatis mutandis in the case of petitioner. He shall be entitled for monetary benefits and arrears for the said period. Exercise of passing an appropriate order granting the benefit be concluded within a period of six months from the date of receipt of certified copy of this order.

With the above, this petition stands disposed of.

(MILIND RAMESH PHADKE) JUDGE neetu

Signature Not Verified Signed by: NEETU SHASHANK Signing time: 04-Aug-23 5:42:46 PM