Poonamchand Sahni vs The State Of Madhya Pradesh
2023 Latest Caselaw 2449 MP

Citation : 2023 Latest Caselaw 2449 MP
Judgement Date : 11 February, 2023

Madhya Pradesh High Court

Poonamchand Sahni vs The State Of Madhya Pradesh on 11 February, 2023

Author: Pranay Verma

                                                        1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                         BEFORE NATIONAL LOK ADALAT
                                       HON'BLE SHRI JUSTICE PRANAY VERMA
                                                        &
                                           MAQBOOL AHMED MANSOORI
                                           ON THE 11 th OF FEBRUARY, 2023
                                           WRIT PETITION No. 14145 of 2022

                           BETWEEN:-
                           1.

POONAMCHAND SAHNI S/O SHRI GOKUL SAHNI, AGED ABOUT 51 YEARS, OCCUPATION: SERVICE (TIME KEEPER) ADDRESSS: P.HE.D. MANDLESHWAR, KHARGONE (MADHYA PRADESH)

2. RUSTAM PATHAN S/O ISMAIL PATHAN, AGED ABOUT 54 YEARS, OCCUPATION: SERVICE ADDRESS: P.H.E.D MANDLESHWAR, KHARGONE (MADHYA PRADESH)

3. RAHIM S/O HAKIM OCCUPATION: SERVICE ADDRESS: P.H.E.D MANDLESHWAR, KHARGONE (MADHYA PRADESH)

4. SACHIN GOHAR S/O SURESH GOHAR, AGED ABOUT 43 YEARS, OCCUPATION: MECHANICAL ADDRESS: P.H.E.D MANDLESHWAR , KHARGONE(MADHYA PRADESH)

5. INDAR SINGH CHOUHAN S/O NAIN SINGH CHOUHAN, AGED ABOUT 45 YEARS, OCCUPATION: SERVICE ADDRESS: (CHOWKIDAR) P.H.E.D MANDLESHWAR, KHARGONE(MADHYA PRADESH)

6. JHAWAR SINGH THAKUR S/O POPSINGH THAKUR, AGED ABOUT 58 YEARS, OCCUPATION: SERVICE (WIREMAN) ADDRESS: P.H.E.D MANDLESHWAR, KHARGONE (MADHYA PRADESH)

7. KIRAT SINGH S/O KISHORE SINGH, AGED ABOUT 56 YEARS, OCCUPATION: SERVICE (TIME KEEPER) ADDRESS: P.H.E.D MANDLESHWAR, KHARGONE (MADHYA PRADESH)

Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 16-02-2023 17:43:43

8. VIJAY DUBEY S/O KAMALAKAR DUBEY, AGED ABOUT 51 YEARS, OCCUPATION: SERVICE (WIREMAN) ADDRESS: P.H.E.D MANDLESHWAR KHARGONE (MADHYA PRADESH)

9. TIKAM SOLANKI S/O MANGU SOLANKI, AGED ABOUT 57 YEARS, OCCUPATION: SERVICE (HELPER) ADDRESS: P.H.E.D MANDLESHWAR, KHARGONE (MADHYA PRADESH)

10. TULSIRAM KANUDE S/O RAGHUNATH KANUDE, AGED ABOUT 54 YEARS, OCCUPATION: SERVICE (HELPER) ADDRESS: P.H.E.D MANDLESHWAR, KHARGONE (MADHYA PRADESH)

11. RAJESH SINGH S/O BHAGWAN SINGH, AGED ABOUT 50 YEARS, OCCUPATION: SERVICE (HELPER) ADDRESS: P.H.E.D MANDLESHWAR, KHARGONE (MADHYA PRADESH)

12. RADHESHYAM PATEL S/O JASWANT PATEL, AGED ABOUT 45 YEARS, OCCUPATION: SERVICE (HELPER) ADDRESS: P.H.E.D MANDLESHWAR , KHARGONE(MADHYA PRADESH)

13. HEMANT CHOUHAN S/O NAINSINGH CHOUHAN, AGED ABOUT 57 YEARS, OCCUPATION: SERVICE (PUMP ATTENDANT) ADDRESS: P.H.E.D MANDLESHWAR, KHARGONE (MADHYA PRADESH)

14. MANOJ BHATI S/O BHILU BHATI, AGED ABOUT 50 Y E A R S , OCCUPATION: SERVICE (HELPER) ADDRESS: P.H.E.D MANDLESHWAR, KHARGONE (MADHYA PRADESH)

15. AJAY S/O KISHAN, AGED ABOUT 56 YEARS, OCCUPATION: SERVICE (HELPER) ADDRESS: P.H.E.D MANDLESHWAR, KHARGONE (MADHYA PRADESH)

16. RADHESHYAM BHARGAV S/O REVARAM BHARGAV, AGED ABOUT 46 YEARS, OCCUPATION: SERVICE (HELPER) ADDRESS: P.H.E.D MANDLESHWAR , KHARGONE(MADHYA PRADESH)

17. GANESH VERMA S/O LAXMINARAYAN VERMA, AGED ABOUT 47 YEARS, OCCUPATION: SERVICE (HELPER) ADDRESS: P.H.E.D MANDLESHWAR , KHARGONE(MADHYA PRADESH) Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 16-02-2023 17:43:43

18. JAKIR KHAN S/O HUSSAIN KHAN, AGED ABOUT 57 Y E A R S , OCCUPATION: SERVICE (HELPER) ADDRESS: P.H.E.D MANDLESHWAR, KHARGONE (MADHYA PRADESH)

19. ANOKCHAND MEWADE S/O RAMRATAN MEWADE, AGED ABOUT 61 YEARS, OCCUPATION: SERVICE (HELPER) ADDRESS: P.H.E.D MANDLESHWAR, KHARGONE(MADHYA PRADESH)

20. MAHESH PATEL S/O BAGSINGH PATEL, AGED ABOUT 55 YEARS, OCCUPATION: SERVICE (HELPER) ADDRESS: P.H.E.D MANDLESHWAR, KHARGONE (MADHYA PRADESH)

21. JAGDISH KAAG S/O KALURAM KAAG, AGED ABOUT 46 YEARS, OCCUPATION: SERVICE (HELPER) ADDRESS: P.H.E.D MANDLESHWAR, KHARGONE (MADHYA PRADESH)

22. MAHENDRA HIRWE S/O ROOPCHAND HIRWE, AGED ABOUT 48 YEARS, OCCUPATION: SERVICE P.H.E.D ADDRESS: MANDLESHWAR, KHARGONE (MADHYA PRADESH)

23. MANSHARAM S/O MANGAT, AGED ABOUT 54 YEARS, OCCUPATION: SERVICE ADDRESS: P.H.E.D MANDLESHWAR, KHARGONE (MADHYA PRADESH)

24. NISSAR KHAN S/O MUNSHI KHAN, AGED ABOUT 58 YEARS, OCCUPATION: RETIRED (CHOWKIDAR) ADDRESS: P.H.E.D MANDLESHWAR, KHARGONE (MADHYA PRADESH)

25. HARISH TIWARI S/O BADRIPRASAD TIWARI, AGED ABOUT 51 YEARS, OCCUPATION: SERVICE (HELPER) ADDRESS: P.H.E.D MANDLESHWAR, KHARGONE (MADHYA PRADESH)

26. ANTARSINGH S/O RERI SINGH, AGED ABOUT 46 Y E A R S , OCCUPATION: SERVICE (HELPER) ADDRESS: P.H.E.D MANDLESHWAR, KHARGONE (MADHYA PRADESH)

27. DINESH S/O SUKHLAL, AGED ABOUT 46 YEARS, OCCUPATION: SERVICE ADDRESS: P.H.E.D MANDLESHWAR, KHARGONE (MADHYA PRADESH)

Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 16-02-2023 17:43:43

.....PETITIONERS (BY SHRI PRAKHAR KARPE - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH SECRETARY, PUBLIC HEALTH ENGINEERING DEPARTMENT (PHE), VALLABH BHAWAN BHOPAL M.P. (MADHYA PRADESH)

2. ENGINEER IN CHIEF PUBLIC HEALTH ENGINEERING DEPARTMENT BANGANGA JAL SANSADHAN BHAWAN TULSI NAGAR, (MADHYA PRADESH)

3. CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT (PHE) INDORE REGION, INDORE (MADHYA PRADESH)

4. EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT DEVISION 1 (IMC), MANDLESHWAR, KHARGONE (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI BHARTI LAKKAD - GOVERNMENT ADVOCATE )

This petition coming on for conciliation this day, the Bench passed the following:

ORDER With the consent, heard finally.

This writ petition has been filed by the petitioner under Article 226 of the Constitution of India.

In the present writ petition, challenge has been made to the order dated 25/11/2019 by which the petitioner's classification as permanent employee has been cancelled.

Learned counsel for the petitioner submitted that all those employees who have been classified as permanent employee are entitled for minimum of regular pay scale in the light of the judgment of the Apex Court in the case of Ram Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 16-02-2023 17:43:43

Naresh Rawat vs. Ashwini Ray [2016(8) SCC 733]. Learned counsel further submitted that in compliance of the order of the Apex Court and the Contempt Case No.2693/2019 and other connected cases, the respondent/Department has extended the benefit of minimum pay scale from the date of classification. This petition is exactly identical. The same benefit may also be extended to the petitioner.

In view whereof, and keeping in light of the order passed by the Apex Court in the case of Ram Naresh Rawat(supra) a n d Contempt Case No.2693/2019, the petitioner is directed to file a fresh representation within a period of 15 days from today before the Competent Authority. If such a representation is filed within the aforesaid period, the Competent Authority is directed to decide the same in accordance with the judgments of the Apex Court as well as this Court and pass a reasoned and speaking order within a period of two months thereafter. If it is found that the petitioner is eligible for the benefit of minimum of the regular pay scale then the benefit may also be extended within the aforesaid period.

The petition is, accordingly, disposed of within the aforesaid direction.




                             (JUSTICE PRANAY VERMA)                     (MAQBOOL AHMED MANSOORI)
                                  MEMBER                                       MEMBER

                           Akanksha




Signature Not Verified
Signed by: SHILPA
NAGDEVE
Signing time: 16-02-2023
17:43:43