Ram Prasad Panika vs The State Of Madhya Pradesh
2023 Latest Caselaw 2369 MP

                                                          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. 3288 of 2023

                          BETWEEN:-
                          RAM PRASAD PANIKA S/O SEMALI PRASAD PANIKA,
                          AGED ABOUT 50 YEARS, OCCUPATION: UNSKILLED
                          PERMANENT    EMPLOYEE,     PUBLIC    WORKS
                          DEPARTMENT SUB DIVISION BEHOHARI DIVISION :
                          SHAHDOL (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI SHUDHANSHU SINGH - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                THE PRINCIPAL SECRETARY PUBLIC WORKS
                                DEPARTMENT MANTRALAYA, VALLABH BHAVAN
                                BHOPAL (MADHYA PRADESH)

                          2.    ENGINEER     IN    CHIEF PUBLIC  WORKS
                                DEPARTMENT BHAWAN PLOT NO. 27/28 ARERA
                                HILLS (MADHYA PRADESH)

                          3.    CHIEF ENGINEER PUBLIC WORKS DEPARTMENT
                                REWA PARICHHETRA REWA (MADHYA PRADESH)

                          4.    EXECUTIVE    ENGINEER    PUBLIC   WORKS
                                D EPARTM EN T DIVISION SHAHDOL, DISTRICT
                                SHAHDOL (MADHYA PRADESH)

                          5.    SDO    PUBLIC   WORKS    DEPARTMENT SUB
                                DIVISION BEOHARI (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI DILIP PARIHAR - PANEL ADVOCATE)

                                This petition coming on for admission this day, th e court passed the
                          following:
Signature Not Verified
                                                           ORDER

Signed by: POONAM MANEKAR Signing time: 2/10/2023 10:30:22 AM

It is submitted by the counsel for the petitioner that he has been classified vide order dated 20.02.2009 and he has not been given the benefit of minimum pay scale as per the Circular dated 08.08.2022 (Annexure-P/2). According to him the said circular contemplates minimum pay scale (without any increment) and as per the judgment passed by Apex Court in the case of Ram Naresh Rawat Vs. Ashwini Ray and Ors., (2017) 3 SCC 436 and as per the recommendations of Seventh Pay Commission. He preferred a representation incorporating all his grounds. He is ready to prefer fresh representation in this regard.

Learned Government Advocate opposed the prayer but fairly submitted

that if any representation is preferred then the same shall be taken care of as per law and aforesaid Circular dated 08.08.2022.

I f such a representation is preferred within seven days, then the competent authority shall consider the same in accordance with law and relevant guidelines including the aforesaid Circular dated 08.08.2022 and pass an appropriate and reasoned order under due intimation to the petitioner within four weeks thereafter.

It is made clear that this court has not expressed any opinion on the merits of the case.

Accordingly, the petition stands disposed of.

(ANAND PATHAK) JUDGE pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/10/2023 10:30:22 AM