Vijay Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 14336 MP

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE ANAND PATHAK
                                               ON THE 31 st OF AUGUST, 2023
                                             WRIT PETITION No. 22106 of 2023

                           BETWEEN:-
                           1.    VIJAY SINGH S/O LATE SHRI SHRIPAT, AGED
                                 ABOUT    68   YEARS, OCCUPATION: RETIRED
                                 VILLAGE     BHAGWANT    TEHSIL   PICHHOR
                                 DISTRICT SHIVPURI (MADHYA PRADESH)

                           2.    SMT SHEELA RAWAT W/O LATE SHRI HALKE
                                 KEWAT, AGED ABOUT 55 YEARS, R/O VILLAGE
                                 MANPUR, POST GAJOURA, PICHHOR, SHIVPURI
                                 (MADHYA PRADESH)

                                                                                     .....PETITIONERS
                           (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 (MADHYA PRADESH)

                           4.    EXECUTIVE   ENGINEER    PUBLIC   WORKS
                                 DEPARTMENT SHIVPURI (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI N.S.TOMAR - GOVERNMENT ADVOCATE)

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

Signature Not Verified Signed by: ASHISH CHAURASIA Signing time: 31-08-2023 06:51:41 PM

This petition under Article 226 of the Constitution of India has been filed 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 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.

I t is submitted by the counsel for the petitioners that petitioners were 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 they have 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 petitioners are 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.

Signature Not Verified Signed by: ASHISH CHAURASIA Signing time: 31-08-2023 06:51:41 PM

Heard the learned counsel for the parties. The petitioners were classified by order dated 09.07.2007. Accordingly, if the classification is intact and if he 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 Ashish*

Signature Not Verified Signed by: ASHISH CHAURASIA Signing time: 31-08-2023 06:51:41 PM