Ajay Jalgaonkar vs The State Of Madhya Pradesh
2023 Latest Caselaw 12610 MP

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK RUSIA
                                               ON THE 4 th OF AUGUST, 2023
                                             WRIT PETITION No. 10368 of 2023

                           BETWEEN:-
                           AJAY JALGAONKAR S/O RAMCHANDRA, AGED ABOUT
                           65 YEARS, OCCUPATION: HAND PUMP MECHANIC R/O
                           154-B SUDAMA NAGAR ANNAPURNA SECTOR INDORE
                           (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (SHRI KAMAL KISHORE KAUSHAL, LEARNED COUNSEL FOR THE
                           PETITIONER)

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

                           2.    THE ENGINEER IN CHIEF PUBLIC HEALTH
                                 ENGINEERING   DEPARTMENT JAL BHAVAN,
                                 BANGANGA, BHOPAL (MADHYA PRADESH)

                           3.    THE   SUPERINTENDING  ENGINEER PUBLIC
                                 HEALTH ENGINEERING DEPARTMENT CIRCLE
                                 INDORE CIRCLE OFFICE INDORE (MADHYA
                                 PRADESH)

                           4.    THE EXECUTIVE ENGINEER PUBLIC HEALTH
                                 ENGINEERING DEPARTMENT DIVISION INDORE,
                                 DIVISION OFFICE, INDORE (MADHYA PRADESH)

                           5.    THE   JOINT    DIRECTOR TREASURY AND
                                 ACCOUNTS DEPARTMENT KHATIPURA, INDORE
                                 (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (MS. ASHI VAIDYA, PANEL LAWYER FOR THE RESPONDENT/STATE)

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

Signature Not Verified
Signed by: VARSHA SINGH
Signing time: 05-08-2023
14:49:38
                                                               2
                           following:
                                                               ORDER

Petitioner has filed the present petition being aggrieved by order dated 02.03.2017 and 04.10.2018 whereby pay scale has been reduced and recovery has been ordered.

2. Learned counsel for the petitioner submits that petitioner was initially appointed as daily wager employee, thereafter, he was promoted to the post of Hand Pump Mechanic. All of sudden, his pay scale was reduced from 1150- 1800 to 950-1530 per month.

3. The similar issue came up for consideration before this Court in W.P. No.4458/2009 and affirmed in W.A. No.49/2011 and thereafter recently number

of Writ Petitions filed by similar situated persons have been allowed.

4. In view of above, present writ petition is disposed of with direction to respondents to re-consider the case of the petitioner in light of judgment passed by this Court in respect of pay scale of daily wager employee and Hand Pump Mechanic. The petitioner shall annex copy of orders alongwith representation. Entire exercise be completed within 90 days. In case of rejection of the representation, speaking and reasoned order shall be passed.

(VIVEK RUSIA) JUDGE VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 05-08-2023 14:49:38