Jagdish Bonde vs The State Of Madhya Pradesh
2023 Latest Caselaw 1835 MP

                                                         1
                          IN    THE      HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE ANAND PATHAK
                                           ON THE 1 st OF FEBRUARY, 2023
                                           WRIT PETITION No. 18861 of 2019

                         BETWEEN:-
                         JAGDISH BONDE S/O SHRI SUKHDEV BONDE, AGED
                         ABOUT 46 YEARS, OCCUPATION: PEON O/O ASSISTANT
                         SOIL CONSERVATION OFICER NVDA SUB DIVISON
                         KHANDWA (MADHYA PRADESH)

                                                                                    .....PETITIONER
                         (BY SHRI RAHUL DESHMUKH - ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THR. THE
                               PRINCIPAL SECRETARY DEPARTMENT OF
                               NARMADA       VALLEY    DEVELOPMENT
                               DEPARTMENT MANTRALAYA VALLABH BHAWAN
                               BHOPAL (MADHYA PRADESH)

                         2.    DIRECTOR   (WATER  CATCHMENTS  AREA)
                               NARMADA VALLEY DEVELOPMENT AUTHORITY
                               MANTRALAYA VALLABH BHAWAN BHOPAL
                               (MADHYA PRADESH)

                         3.    ASSISTANT SOIL CONSERVATION OFFICER
                               NARMADA VALLEY DEVELOPMENT AUTHORITY
                               ( N V D A ) SUB DIVISION KHANDWA (MADHYA
                               PRADESH)

                                                                                 .....RESPONDENTS
                         (BY SHRI RAJESHWAR RAO - GOVERNMENT ADVOCATE)

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

The petitioner, who is working as Daily Wager employee in the department of Narmada Valley Development Authority (N.V.D.A.), has Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/1/2023 6:10:22 PM

preferred this writ petition under Article 226 of Constitution of India seeking following reliefs :-

"(i) This Hon'ble Court may kindly be pleased to direct the respondents to pay the revision of minimum pay scale as per 7th pay scale to the petitioners with all the consequential benefits and arrear after calculating the same from the date of implementation of 7th Pay Scale.

(ii) Any other relief which this Hon'ble Court may deem fit and proper in the given facts and circumstances of the case may also be granted."

Precisely the contentions as echoed in the petition is that he is working as Daily Wages Employee for more than 20 years and still awaiting benefits of pay scale as per the revised pay scale/recommendations of the different pay commissions.

At the outset, learned counsel for the petitioner placed the order dated 09.09.2011 passed in W.P. No.7455/2006 and seeks parity on the ground that in the said case also it has been observed by the Co-ordinate Bench that petitioner cannot be denied pay at minimum pay scale of the post for which the petitioner is discharging duties. Here also, petitioner although not appointed substantively with the vacant sanctioned post but since he was working on the vacant sanctioned post, therefore, he deserves to get minimum of pay scale at least as per the revised pay scale. He also relied upon the judgment of Kishori Lal Prajapati Vs. State of M.P. & others passed in W.P. No.5332/2010.

According to learned counsel for the petitioner matter traveled to Division Bench and thereafter to the Apex Court and matter has been settled there. He further refers the order dated 22.03.2021 passed in bunch of writ appeals, in Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/1/2023 6:10:22 PM

which W.A. No.1070/2020 (State of M.P. Vs. Chain Singh) is the lead case. Division Bench has considered the submissions and thereafter rejected the writ appeal filed by the State. He seeks similar treatment.

Learned Government Advocate for the respondent/State vehemently opposed the prayer and submitted that petitioner cannot draw parity vis-a-vis other orders. He is a daily wages employee and therefore, does not fall under ambit of Rule 2(B) of Madhya Pradesh Vetan Punarikshan Adhiniyam, 2017.

Heard counsel for the parties at length and perused the documents appended thereto.

Considering the rival submissions advanced by learned counsel for the parties and the fact that objection raised by the respondent/State has already been addressed by the order dated 03.07.2012 passed in Kishori Lal Prajapati (Supra) as well as in the order dated 17.07.2019 passed in W.P. No.2510/2018 (Indore Bench). No iota of doubt exists regarding the submissions raised by the petitioner. Treading on the same path, this Court intends to allow the petition in the same terms as allowed by the Co-ordinate Benches in the cases of other similarly situated persons, he shall be entitled to get the same benefits of minimum of pay scale in revised pay scale (7th Pay Commission).

Accordingly, this petition stands allowed and disposed of.

(ANAND PATHAK) JUDGE pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/1/2023 6:10:22 PM