Madhya Pradesh High Court
Ramprasad Nanda vs The State Of Madhya Pradesh on 9 February, 2023
Author: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 9 th OF FEBRUARY, 2023
WRIT PETITION No. 3037 of 2023
BETWEEN:-
1. RAMPRASAD NANDA S/O SHRI BATTULAL
NANDA, AGED ABOUT 46 YEARS, OCCUPATION:
PEERMANENT EMPLOYEE RESHAN KENDRA
NEVARIJAR DISTRICT MANDLA (MADHYA
PRADESH)
2. SHIVLAL S/O SHRI DHOBILAL MARAVI, AGED
ABOUT 56 YEARS, OCCUPATION: PERMANENT
EMPLOYEE RESHAM KENDRA, SILPURA,
DISTRICT MANDLA (MADHYA PRADESH)
3. POORANLAL KACHWAHA S/O SHRI BAIJULAL
KACHWAHA, AGED ABOUT 57 YEARS,
OCCUPATION: PERMANENT EMPLOYEE, RESHAM
KENDRA KAKAIYA, DISTRICT MANDLA
(MADHYA PRADESH)
4. SANTOSH TEKAM S/O SHRI SUKHIRAM TEKAM,
AGED ABOUT 52 YEARS, OCCUPATION:
PERMANENT EMPLOYEE RESHAM KENDRA
GHUGHARA, DISTRICT MANDLA (MADHYA
PRADESH)
5. SUKARIDAS BAIRAGI S/O LATE SHRI BHOURAM
DAS, AGED ABOUT 46 YEARS, OCCUPATION:
PERMANENT EMPLOYEE RESHAM KENDRA
TINDANI, DISTRICT MANDLA (MADHYA
PRADESH)
6. SMT. SANDHYA JHARIYA W/O SHRI LAKHANLAL
JHARIYA, AGED ABOUT 46 YEARS, OCCUPATION:
PERMANENT EMPLOYEE RESHAM
DHAGAKARAN, DISTRICT MANDLA (MADHYA
PRADESH)
7. MAHESH PRASAD BAIGA S/O SHRI BARELAL
BAIGA, AGED ABOUT 61 YEARS, OCCUPATION:
PERMANENT EMPLOYEE RESHAM KENDRA
JHURGI, DISTRICT MANDLA (MADHYA PRADESH)
Signature Not Verified
Signed by: POONAM
MANEKAR
Signing time: 2/10/2023
10:30:22 AM
2
8. THANILAL NANDA S/O SHRI JALAM SINGH
NANDA, AGED ABOUT 45 YEARS, OCCUPATION:
PERMANENT EMPLOYEE RESHAM KENDRA
BHADIYA, DISTRICT MANDLA (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI RAJENDRA KUMAR PANDEY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY COTTAGE AND
RURAL INDUSTRIES DEPARTMENT (KUTEER
AVAM GRAM UDYOG VIBHAG) MANTRALAYA
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. C O M M I S S I O N E R , SECRETARIAT OF
SERICULTURE (RESHAM SANCHANALAYA )
GROUND FLOOR, SATPUDA BHAWAN, BHOPAL
(MADHYA PRADESH)
3. COLLECTOR , M A N D L A DISTRICT MANDLA
(MADHYA PRADESH)
4. ASSISTANT DIRECTOR SERICULTUR/RESHAM
M AN D LA SAHASTRADHARA ROAD, DEVDARA,
DISTRICT MANDLA (MADHYA PRADESH)
.....RESPONDENTS
(BY MS. SHRADDHA TIWARI - PANEL ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
The petitioners have preferred this petition under Article 226 of the
Constitution of India seeking following relief:-
"7.1 That, it is therefore prayed that this Hon'ble Court may
kindly be pleased to call for the entire service records in the interest of
justice.
7.2 That, the Hon'ble Court may be pleased to issue a writ of
Signature Not Verified
Signed by: POONAM
MANEKAR
Signing time: 2/10/2023
10:30:22 AM
Mandamus commanding the respondents to pay the revision of minimum
p a y scale as per 7th Pay Commission to the petitioners with all
consequential benefits and arrears thereof, in the interest of justice.
7.3 That, the Hon'ble Court may be pleased to issue a writ of
Mandamus commanding the respondent no.2 to consider and decide the
representation (Annexure-P/5) of the petitioners in accordance with law,
in the interest of justice.
7.4 Any other relief/order or direction, as this Hon'ble High Court
deems fit and proper looking to the facts and circumstances of the case
may please awarded along with the cost of proceedings. "
It is the submission of learned counsel for the petitioners that they are
employee of Public Health Engineering Department and in pursuance of
notification dated 07.10.2016, they have been classified as permanent employee
and vide order dated 16.02.2017 (Annexure-P/1). After regularization, they are
seeking revision of minimum pay-scale as per 7th Pay Commission with all
consequential benefits and arrears thereof. They referred the judgment passed
by Apex Court in the case of Ram Naresh Rawat Vs. Ashwini Ray and
Ors., (2017) 3 SCC 436. Leaned counsel for the petitioners referred different
orders passed by this Court in the case of similarly placed employee from time
to time. Learned counsel seeks consideration over representation preferred by
the petitioner.
Learned counsel for the respondent/State submits that if the petitioners
preferred a fresh representation, the same shall be taken care of in accordance
with law and prevailing guidelines/rules.
Considering the rival submissions, this petition is disposed of with a
direction to the petitioners to prefer a representation within 15 days from the
Signature Not Verified
Signed by: POONAM
MANEKAR
Signing time: 2/10/2023
10:30:22 AM
date of receipt of certified copy of the order passed today raising all their
grievances as per law.
If any representation is preferred by the petitioners within such period,
then the respondents/authority shall take into account the relevant
rules/guidelines and orders passed in other cases and thereafter ensure passing
of a reasoned order in accordance with law within four weeks thereafter under
due intimation to the petitioners.
I t is made clear that this Court has not expressed any opinion on the
merit of the case and case of the petitioners shall be decided on its own merit.
With the above, the petition is finally disposed of.
C.C. as per rules.
(ANAND PATHAK)
JUDGE
pnm
Signature Not Verified
Signed by: POONAM
MANEKAR
Signing time: 2/10/2023
10:30:22 AM
