Madhya Pradesh High Court
Shahid Ahmad Khan vs The State Of Madhya Pradesh on 14 December, 2023
Author: Vivek Rusia
Bench: Vivek Rusia
- : 1 :-
W.P. Nos. 27870/2022,
27872/2022 & 7891/2022
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 14th OF DECEMBER, 2023
WRIT PETITION No. 27870 of 2022
BETWEEN:-
NARENDRA TANDI S/O HARISHANKAR, AGED ABOUT 55 YEARS,
OCCUPATION: HAND PUMP MECHANIC D-422, AWAS NAGAR, DEWAS
(MADHYA PRADESH)
.....PETITIONER
(SHRI PRAKHAR MOHAN KARPE, LEARNED COUNSEL FOR THE
PETITIONER.)
AND
THE STATE OF MADHYA PRADESH THROUGH SECRETARY JAL
1.
BHAWAN, BANGANGA ROAD, BHOPAL (MADHYA PRADESH)
ENGINEER IN CHIEF PUBLIC HEALTH ENGINEERING
2. DEPARTMENT (PHE) BANGANGA JAL SANSADHAN BHAWAN
BANGANGA BHOPAL (MADHYA PRADESH)
EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING
3.
DEPARTMENT DIVISION DEWAS (MADHYA PRADESH)
JOINT DIRECTOR TREASURY AND ACCOUNTS UJJAIN (MADHYA
4.
PRADESH)
.....RESPONDENTS
(SHRI KUSHAL GOYAL, LEARNED DY. ADVOCATE GENERAL FOR THE
RESPONDENTS/STATE.)
WRIT PETITION No. 27872 of 2022
BETWEEN:-
SHAHID AHMAD KHAN S/O AKBAR SHAH KHAN, AGED ABOUT 60
YEARS, OCCUPATION: HAND PUMP TECHNICIAN 100,
SUPERPALACE COLONY, KHAJRANA INDORE (MADHYA PRADESH)
.....PETITIONER
(SHRI PRAKHAR MOHAN KARPE, LEARNED COUNSEL FOR THE
PETITIONER.)
- : 2 :-
W.P. Nos. 27870/2022,
27872/2022 & 7891/2022
AND
THE STATE OF MADHYA PRADESH THROUGH SECRETARY JAL
1.
BHAWAN, BANGANGA ROAD, BHOPAL (MADHYA PRADESH)
ENGINEER IN CHIEF PUBLIC HEALTH ENGINEERING
2. DEPARTMENT (PHE) BANGANGA JAL SANSADHAN BHAWAN
BANGANGA BHOPAL (MADHYA PRADESH)
EXECUTIVE ENGINEER, PUBLIC HEALTH ENGINEERING
3.
DEPARTMENT DIVISION DEWAS (MADHYA PRADESH)
JOINT DIRECTOR TREASURY AND ACCOUNTS DISTRICT UJJAIN.
4.
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI KUSHAL GOYAL, LEARNED DY. ADVOCATE GENERAL FOR THE
RESPONDENTS/STATE.)
WRIT PETITION No. 27891 of 2022
BETWEEN:-
RAJESH VERMA S/O BABULAL, AGED ABOUT 55 YEARS,
OCCUPATION: HAND PUMP TECHNICIAN 5, VISHWAKARMA
NAGAR, DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI PRAKHAR MOHAN KARPE, LEARNED COUNSEL FOR THE
PETITIONER.)
AND
THE STATE OF MADHYA PRADESH THROUGH SECRETARY JAL
1.
BHAWAN, BANGANGA ROAD, BHOPAL (MADHYA PRADESH)
ENGINEER IN CHIEF, PUBLIC HEALTH ENGINEERING
2. DEPARTMENT (PHE) BANGANGA, JAL SANSADHAN BHAWAN,
BANGANGABHOPAL (MADHYA PRADESH)
EXECUTIVE ENGINEER, PUBLIC HEALTH ENGINEERING
3.
DEPARTMENT, DIVISION DEWAS (MADHYA PRADESH)
JOINT DIRECTOR TREASURY AND ACCOUNTS UJJAIN (MADHYA
4.
PRADESH)
.....RESPONDENTS
(SHRI KUSHAL GOYAL, LEARNED DY. ADVOCATE GENERAL FOR THE
RESPONDENTS/STATE.)
These petitions coming on for hearing this day, the court passed
the following:
- : 3 :-
W.P. Nos. 27870/2022,
27872/2022 & 7891/2022
ORDER
The petitioners have filed the present petitions being aggrieved
by order dated 20.6.2017, 27.6.2017 and 4.10.2018 whereby their pay
scale has been reduced and recovery has been ordered.
2. Learned counsel for the petitioners submits that petitioner were
initially appointed as daily wager employees, thereafter, they were
promoted to the post of Hand Pump Mechanic. All of sudden, their 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 similarly situated persons
have been allowed.
4. In view of above, present writ petitions are being disposed of
with direction to respondents to re-consider the case of the petitioners
in light of judgment passed by this Court in respect of pay scale of
daily wager employee and Hand Pump Mechanic. The petitioners shall
annex copy of orders alongwith representation.
5. Let the entire exercise be completed within 90 days. In case of
rejection of the representation, speaking and reasoned order shall be
passed. Let a photocopy of this order be kept in the file of connected
writ petitions.
( VIVEK RUSIA )
JUDGE
Alok/-
Date: 2023.12.15 10:23:43 +05'30'
