Madhya Pradesh High Court
Smt Premvati Prajapati vs The State Of Madhya Pradesh on 21 August, 2023
Author: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 21 st OF AUGUST, 2023
WRIT PETITION No. 20855 of 2023
BETWEEN:-
SMT PREMVATI PRAJAPATI W/O LATE SHRI MANGALI,
AGED 55 YEARS, OCCUPATION: HOUSEWIFE R/O
VILLAGE MANPUR POST GAJOURA PICHHOR DISTRICT
SHIVPURI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI DEVENDRA SHARMA- ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, PUBLIC WORKS
DEPARTMENT VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. ENGINEER IN CHIEF PUBLIC WORKS
DEPARTMENT NIRMAN BHAWAN , ARERA HILLS
BHOPAL (MADHYA PRADESH)
3. CHIEF ENGINEER PUBLIC WORKS DEPARTMENT
THATIPUR GWALIOR DIST. GWALIOR (MADHYA
PRADESH)
4. EXECUTIVE ENGINEER PUBLIC WORKS
D E PA R T M E N T DIVISION SHIVPURI DIST.
SHIVPURI (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VISHAL TRIPATHI- GOVERNEMNT ADVCOATE)
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 been filed
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 8/22/2023
11:19:43 AM
seeking following reliefs:-
(i) That, a direction may kindly be given to the respondents
to give the benefit of regular/ minimum pay scale of the post
on which the husband of petitioner was working and
classified as permanent employees on 09.07.2007 and pay
the difference of arrears on fixation of pay from the date of
classification along with interest at the rate of 18% p.a. as
per the law laid down by the Hon'ble Supreme Court in the
case of Ram Naresh Rawat.
(ii) Respondents may kindly be directed to grant the benefit
of regular pay scale and the benefit as extended in the case
of Ram Naresh Rawat from the date of classification of
petitioner along with all the consequential benefits.
Any other relief which this Hon'ble Court deems fit in
the facts and circumstances of the case may also kindly be
granted.
It is submitted by the counsel for the petitioner that husband of petitioner
was employed as daily wages as skilled persons in the respondents department.
He was classified as permanent employees on the post of skilled persons by
order dated 09.07.2007. 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 their classification only.
Heard the learned counsel for the parties.
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 8/22/2023
11:19:43 AM
The petitioner was classified by order dated 09.07.2007. Accordingly, if
the classification is intact and if petitioner files a representation before the
authorities for grant of minimum pay scale from 09.07.2007 till the benefit of
Sthaikarmi is given to them, 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.
(ANAND PATHAK)
JUDGE
Vishal
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 8/22/2023
11:19:43 AM
