Jagdish Rajak vs The State Of Madhya Pradesh
2023 Latest Caselaw 1899 MP

                                                            1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                               ON THE 2 nd OF FEBRUARY, 2023
                                               WRIT PETITION No. 2613 of 2023

                          BETWEEN:-
                          JAGDISH RAJAK S/O LATE SHRI KHERU, AGED ABOUT
                          59 YEARS, OCCUPATION: LABOUR, FATEHPUR COLONY,
                          LALMATHI, DISTRICT SHIVPURI (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI DEVESH SHARMA - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH, THROUGH
                                PRINCIPAL  SECRETARY,   PWD,  VALLABH
                                BHAWAN, BHOPAL (MADHYA PRADESH)

                          2.    ENGINEER  IN     CHIEF,  PUBLIC  WORKS
                                DEPARTM ENT, 27-28 FIRST FLOOR, NIRMAN
                                BHAWAN, ARERA HILLS, BHOPAL (MADHYA
                                PRADESH)

                          3.    CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT,
                                NORTH ZONES, THATIPUR GWALIOR (MADHYA
                                PRADESH)

                          4.    EXECUTIVE   ENGINEER,  PUBLIC   WORKS
                                DEPARTM ENT, SAMBHAG SHIVPURI (MADHYA
                                PRADESH)

                                                                                      .....RESPONDENTS
                          (BY SMT. PADMASHRI AGARWAL - PANEL LAWYER)

                                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 bee filed seeking following reliefs:

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 03-Feb-23 10:47:19 AM

7.1 That, a direction may kindly be given to the respondents to give the service benefit and minimum pay scale of the post of the permanent classified Labour from the date of his classification as permanent employee to the petitioner. And pay the arrears of salary on fixation of pay along with all consequence benefits with interest from the date of his Classification.

7.2 That, the respondents may further be directed to treat the petitioner at par with their similarly placed co-employees with seniority and consequential benefits on the post of Labour from the date of his Classification. 7 . 3 That, any other relief, which this Hon'ble Court may deem fit and proper may also be given to the petitioner along with costs.

It is submitted by the counsel for the petitioner that petitioner was employed as daily wages as Labour in the respondents department. He was classified as permanent employee on the post of Labour 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 his classification only.

Heard the learned counsel for the parties. The petitioner was classified by order dated 09.07.2007. Accordingly, if the classification is intact and if he files a representation before the authorities Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 03-Feb-23 10:47:19 AM

for grant of minimum pay scale from 09.07.2007 till the benefit of Sthaikarmi is given to him, 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. E-copy/certified copy as per rules.

(MILIND RAMESH PHADKE) JUDGE Chandni

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 03-Feb-23 10:47:19 AM