Mahesh Prasad Dwivedi vs The State Of Madhya Pradesh
2023 Latest Caselaw 1839 MP

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                           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. 2694 of 2023

                          BETWEEN:-
                          MAHESH PRASAD DWIVEDI S/O SHRI YAGYANARAYAN
                          DWIVEDI, AGED ABOUT 60 YEARS, OCCUPATION:
                          SKILLED  EDUCATED     LABOUR    DAILY RATED
                          (PERMANENT EMPLOYEE) IN WATER RESOURCES
                          DEPARTMENT MAHAN        CANAL SUB    DIVISION
                          SEMARIYA DISTRICT SIDHI (MADHYA PRADESH)

                                                                            .....PETITIONER
                          (BY SHRI RAJESH KUMAR TIWARI - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                THE PRINCIPAL SECRETARY WATER RESOURCES
                                DEPARTMENT VALLABH BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          2.    ENGINEER  IN    CHIEF, WATER RESOURCE
                                DEPARTMENT TULSI NAGAR, BHOPAL (MADHYA
                                PRADESH)

                          3.    CHIEF ENGINEER, GANGA KACHAAR, WATER
                                RESOURCE DEPARTMENT ZONE REWA, DISTRICT
                                REWA (MADHYA PRADESH)

                          4.    SUPERINTENDING         ENGINEER, MAHAN
                                PROJECT(GULAB SAGAR), WATER RESOURCES
                                DEPARTM ENT RANGE SIDHI, DISTRICT SIDHI
                                (MADHYA PRADESH)

                          5.    EXECUTIVE      ENGINEER, WATER RESOURCE
                                DEPARTMENT MAHAN CANAL DIVISION SIDHI
                                DISTRICT SIDHI (MADHYA PRADESH)

                          6.    SUB DIVISIONAL OFFICER, WATER RESOURCE
                                DEPARTM ENT MAHAN CANAL, SUB DIVISION
                                SEMARIYA, DISTRICT SIDHI (MADHYA PRADESH)
Signature Not Verified
Signed by: ASHISH DATTA
Signing time: 2/1/2023
6:21:34 PM
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                                                                                           .....RESPONDENTS
                          (BY SHRI LALIT JOGLEKAR - GOVERNMENT ADVOCATE)

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

This petition under Article 226 of Constitution of India, petitioner has prayed for the following reliefs:-

"1. That it is therefore prayed that Hon'ble High Court may kindly be pleased to issue a writ/order/direction to the respondents to grant the pay scale of Skilled category i.e. 5000-100-8000/- from the date of initial appointment of the petitioners and revise the

pay of petitioners as per circular dated 07.10.2016 and also pay the arrears with 14% interest thereof, in the interest of justice.

2. Any other relief/order or directions, as this Hon'ble Court deems fit and proper looking to the facts and circumstances of the case deemed fit and proper in the interest of justice may please be awarded along with the cost of proceedings."

2. It is the submission of petitioner that he was classified as permanent employee vide order dated 30.7.2019. After attainment of classification, he deserves to be placed in basic pay-scale of Rs.5000-8000/- in light of the circular dated 07.10.2016 which has been passed by the State Government keeping in line with the judgment of the Apex Court in the case of Ramnaresh Rawat Vs. Ashwini Ray (2017) 3 SCC 436. He also referred the fact that some other similarly placed employees have been given the benefit but he has not been given the benefit so far. He fairly submits that he was classified as permanent vide order dated 30.7.2019.

Signature Not Verified

3. Learned counsel for the respondent/State opposed the prayer and Signed by: ASHISH DATTA Signing time: 2/1/2023 6:21:34 PM

submits that if petitioner is being classified as permanent employee since 30.7.2019 then he can only be considered for privileges flowing from 07.10.2016 thereafter only.

4. Heard learned counsel for the parties and perused the documents appended therewith.

5. Considering the submissions, without expressing any opinion on the merits of the case, petitioner is relegated to prefer a fresh representation along with certified copy of this order within 15 days and if such representation is filed, same shall be taken care of by the respondents by passing a reasoned order under due intimation to the petitioner within three months on its own merits.

6. With the aforesaid, petition stands disposed of.

C.C. as per rules.

(ANAND PATHAK) JUDGE a

Signature Not Verified Signed by: ASHISH DATTA Signing time: 2/1/2023 6:21:34 PM