Ramesh Malviya vs The State Of Madhya Pradesh
2023 Latest Caselaw 2450 MP

                                                       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. 13912 of 2022

                           BETWEEN:-
                           1.

RAMESH MALVIYA S/O SHRI DARYAV SINGH MALVIYA, AGED ABOUT 56 YEARS, OCCUPATION: SERVICE (FITTER) R/O: ASHA PATWARDHAN MARG, MOTIBANGLA, DEWAS (MADHYA PRADESH)

2. RAMCHANDRA PANCHAL S/O SHRI POONAMCHAND, AGED ABOUT 56 YEARS, OCCUPATION: SERVICE (CARPENTER) R/O CHANAKYAPURI TANKIKE NICE, DEWAS (MADHYA PRADESH)

3. MAHENDRA SHARMA S/O SHRI JAGDISH SHARMA, AGED ABOUT 61 YEARS, OCCUPATION: SERVICE (TIME KEEPER) R/O NAYI ABADI PETROL PUMP CHOURAHA, DEWAS (MADHYA PRADESH)

4. RAMESHCHANDRA S/O SHRI DEVAJI, AGED ABOUT 54 YEARS, OCCUPATION: SERVICE (CHOWKIDAR) R/O VILLAGE PIPALRANVA, DISTRICT SONKACH, DEWAS (MADHYA PRADESH)

5. KANTILAL PATEL S/O SHRI SHANKARLAL PATEL, AGED ABOUT 51 YEARS, OCCUPATION: SERVICE (CHOWKIDAR) R/O VILLAGE ALIPUR, DEWAS (MADHYA PRADESH)

6. MUBARIK KHAN S/O SHRI KURBAN KHAN, AGED ABOUT 58 YEARS, OCCUPATION: SERVICE (CHOWKIDAR) R/O NAYI ABADI PETROL PUMP CHOURAHA, DEWAS (MADHYA PRADESH)

7. HARI SINGH MALVIYA S/O SHRI RAMCHANDRA MALVIYA, AGED ABOUT 57 YEARS, OCCUPATION: Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 16-02-2023 17:43:43

SERVICE (CHOWKIDAR) R/O NAYI ABADI PETROL PUMP CHOURAHA, DEWAS (MADHYA PRADESH)

8. OMPRAKASH VERMA S/O OMPRAKSH VERMA, AGED ABOUT 60 YEARS, OCCUPATION: SERVICE (PUMP ATTENDANT) R/O CROSSING KE NICHE NAGAR NIGAM COLONY, DEWAS (MADHYA PRADESH)

9. KISSANLAL S/O SHRI GOPAL JI, AGED ABOUT 58 YEAR S , OCCUPATION: SERVICE (CHOWKIDAR) R/O VILLAGE RATANPUR BAGHLI, DEWAS (MADHYA PRADESH)

10. DASHRATH CHOUHAN S/O HARIPRASAD CHOUHAN, AGED ABOUT 54 YEARS, OCCUPATION: SERVICE (PUMP ATTENDANT) R/O GADHAGANJ ROAD IDGAH KE PAS, DEWAS (MADHYA PRADESH)

11. SUMER SINGH SOLAKI S/O RAMSINGH SOLANKI, AGED ABOUT 55 YEARS, OCCUPATION: SERVICE (HELPER) R/O PATELPURA HATPIPLIYA, DEWAS (MADHYA PRADESH)

12. IKBAL S/O SHRI HABIB SHEIKH, AGED ABOUT 58 Y E A R S , OCCUPATION: SERVICE (PUMP ATTENDANT) R/O LAXMI NAGAR BHOSLE COLONY, DEWAS (MADHYA PRADESH)

13. VIJAY SINGH S/O SHRI AMAR SINGH, AGED ABOUT 54 YEARS, OCCUPATION: SERVICE (CHOWKIDAR) R/O VILLAGE ARNIYA, DEWAS (MADHYA PRADESH)

14. BADRILAL S/O SHRI BAVELA JI OCCUPATION:

SERVICE (CHOWKIDAR) R/O BADIYAMANDU BAGHLI, DEWAS (MADHYA PRADESH)

15. MADANLAL S/O SHRI PURNAJI, AGED ABOUT 56 YEAR S , OCCUPATION: SERVICE (CHOWKIDAR) R/O KATAPHOD SALAMATPURA ROAD KANNOD, DEWAS (MADHYA PRADESH)

16. DEVKARAN VYAS S/O SHRI BALMUKUND VYAS, AGED ABOUT 60 YEARS, OCCUPATION: SERVICE (PUMP ATTENDANT) R/O C.S. 120 AWAAS NAGAR, DEWAS (MADHYA PRADESH)

17. SUKHDEV VYAS S/O SHRI BALMUKUND VYAS, AGED ABOUT 68 YEARS, OCCUPATION: SERVICE Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 16-02-2023 17:43:43

(PUMP ATTENDANT) R/O NIPANIYA VILLAGE, DEWAS (MADHYA PRADESH)

18. AANANDI LAL VAISHNAV S/O SHRI RAMPRASAD, AGED ABOUT 55 YEARS, OCCUPATION: SERVICE (PUMP ATTENDANT) R/O AMLAWATI VILLAGE, DEWAS (MADHYA PRADESH)

19. ASHOK JOSHI S/O SHRI MAKHANLALJI JOSHI, AGED ABOUT 59 YEARS, OCCUPATION: SERVICE (HELPER) R/O RANAYARKALA TOKKHURD, DEWAS (MADHYA PRADESH)

20. SITARAM VAISHNAV S/O SHRI RAMCHARANDAS VAISHNAV, AGED ABOUT 60 YEARS, OCCUPATION: SERVICE (PUMP ATTENDANT) R/O JAMUNA NAGAR, DEWAS (MADHYA PRADESH)

21. BADRIDAS S/O SHRI GOVIND DAS, AGED ABOUT 54 YEARS, OCCUPATION: SERVICE (HELPER) R/O C.S. 82 AWAAS NAGAR, DEWAS (MADHYA PRADESH)

22. JAHID PATHAN S/O SHRI MOHAMMAD YUSUF PATHAN, AGED ABOUT 57 YEARS, OCCUPATION: SERVICE (PUMP ATTENDANT) R/O NAI ABADI, DEWAS (MADHYA PRADESH)

23. HUSSAIN KHAN S/O SHRI ISMAIL KHAN, AGED ABOUT 58 YEARS, OCCUPATION: SERVICE (CHOWKIDAR) R/O A.B. ROAD SIYA GAANV, DEWAS (MADHYA PRADESH)

24. RAMBHAROSE S/O SHRI GULABCHAN JI, AGED ABOUT 60 YEARS, OCCUPATION: SERVICE (CHOKIDAR) R/O SATWASJILA, DEWAS (MADHYA PRADESH)

25. SATISH KUSHWAHA S/O SHRI MANOHARLAL KUSHWAHA, AGED ABOUT 47 YEARS, OCCUPATION: SERVICE (CHOWKIDAR) R/O A.B. ROAD UDAY NAGAR, DEWAS (MADHYA PRADESH)

26. SHAKIL AHMED KHAN S/O AKBAR KHAN, AGED ABOUT 63 YEARS, OCCUPATION: SERVICE (PUMP ATTENDANT) R/O PARMANAND NAGAR BAMANTOLA, DEWAS (MADHYA PRADESH)

27. SHIVRAM LOVANSHI S/O JAGANNATH LOVANSHI, AGED ABOUT 58 YEARS, OCCUPATION: SERVICE (STORE ATTENDANCE) Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 16-02-2023 17:43:43

R/O RAANIPURA, KANNODH, DEWAS (MADHYA PRADESH)

28. DEV SINGH S/O SHRI SAWAI SINGH MALVIYA OCCUPATION: SERVICE (CHOWKIDAR) R/O BAIJAGWADA SATWAS KANNOD, DEWAS (MADHYA PRADESH)

29. MANOHAR SINGH S/O SHRI RAM LAL, AGED ABOUT 59 YEARS, OCCUPATION: SERVICE (HELPER) R/O KHATEGAON ROAD, DEWAS (MADHYA PRADESH)

30. MEWA BHARTI S/O SHRI HABU BHARTI, AGED ABOUT 61 YEARS, OCCUPATION: SERVICE (CHOWKIDAR) R/O SANDALPUR KANNODH, DEWAS (MADHYA PRADESH)

31. IRFAN SHEIKH S/O SHRI HABIB SHEIKH, AGED ABOUT 59 YEARS, OCCUPATION: SERVICE (PUMP ATTENDANT) R/O 64, NAYAPURA , DEWAS (MADHYA PRADESH)

32. JIVAN SINGH S/O BABULALJI, AGED ABOUT 52 Y E A R S , OCCUPATION: SERVICE (PUMP ATTENDANT) R/O THAKUR MOHALLA SONKACH , DEWAS (MADHYA PRADESH)

33. MANOHAR KHUSHWAH S/O KAALICHARAN KUSHWAH, AGED ABOUT 51 YEARS, OCCUPATION: SERVICE (CHOWKIDAR) R/O NEW HOUSING BOARD BAWADIYA L.I.G. HOUSE, DEWAS (MADHYA PRADESH)

34. SHABBIR ALI S/O SHRI SAYYED ALI, AGED ABOUT 64 YEARS, OCCUPATION: RETIRED (PUMP ATTENDANT) R/O LAXMIBAI PARK BHORASA, DEWAS (MADHYA PRADESH)

35. GAJRAJ S/O JAGANNATH SENDHAV, AGED ABOUT 62 YEARS, OCCUPATION: RETIRED (CHOWKIDAR) R/O NEAR NEW JAIL, SONKACH, DEWAS (MADHYA PRADESH)

36. JIVAN SINGH S/O SHRI NARAYANSINGH, AGED ABOUT 58 YEARS, OCCUPATION: RETIRED (PUMP ATTENDANT) R/O AVAS NAGAR, DEWAS (MADHYA PRADESH)

37. SIDDHANATH S/O SHRI GANESH RAM, AGED ABOUT 66 YEARS, OCCUPATION: RETIRED Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 16-02-2023 17:43:43

(CHOWKIDAR) R/O BAIRI ROAD ARYA BAGHLI, DEWAS (MADHYA PRADESH)

38. BAHADUR SINGH S/O SHRI BONDAR SINGH, AGED ABOUT 64 YEARS, OCCUPATION: RETIRED (PUMP ATTENDANT) R/O DHAKADMENDKI , DEWAS (MADHYA PRADESH)

39. NANHEKHAN S/O SHRI VAJIRRAKHAN, AGED ABOUT 63 YEARS, OCCUPATION: RETIED (CHOWKIDAR) R/O SATWAS KHATEGAON ROAD, WARD NO. 11 , DEWAS (MADHYA PRADESH)

40. NARAYAN SINGH S/O SHRI BHANWAR SINGH, AGED ABOUT 66 YEARS, OCCUPATION: RETIRED (CHOWKIDAR) R/O VILLAGE BHALAI KHURD SONKACH, DEWAS (MADHYA PRADESH)

41. NOOR KHAN S/O SHRI PIRU KHAN SHEIKH, AGED ABOUT 70 YEARS, OCCUPATION: RETIRED (CHOWKIDAR) R/O VILLAGE SIYA, DEWAS (MADHYA PRADESH)

42. AHMED SHEIKH S/O MOHAMMAD SHEIKH, AGED ABOUT 64 YEARS, OCCUPATION: RETIRED (CHOWKIDAR) R/O VILLAGE GOLAGUTHAN KANNOD, DEWAS (MADHYA PRADESH)

43. BHAGWAN SINGH S/O SHRI KARAN SINGH, AGED ABOUT 64 YEARS, OCCUPATION: RETIRED (CHOWKIDAR) R/O MAHAKAL COLONY, DEWAS (MADHYA PRADESH)

44. MANOHAR VERMA S/O SHRI DAYARAM VERMA, AGED ABOUT 65 YEARS, OCCUPATION: RETIRED (PUMP ATTENDANT) R/O VILLAGE DHAKADMENDKI, DEWAS (MADHYA PRADESH)

45. KALUSINGH NAGAR S/O SHRI DEVSINGH NAGAR, AGED ABOUT 64 YEARS, OCCUPATION: RETIRED (CHOWKIDAR) R/O VILLAGE KHETAKHEDIBAROTHA ROAD, DEWAS (MADHYA PRADESH)

46. RASHID KHAN S/O KASAM KHAN, AGED ABOUT 69 YEARS, OCCUPATION: RETIRED (PUMP ATTENDANT) R/O SHANTIPURA SHISHU VIHAR SCHOOL KE PAS, DEWAS (MADHYA PRADESH)

47. LALSINGH S/O SHRI RAGHUNATH SINGH, AGED ABOUT 63 YEARS, OCCUPATION: RETIRED Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 16-02-2023 17:43:43

(WORKCHARGED CHOWKIDAR) R/O MAHAKAL COLONY, DEWAS (MADHYA PRADESH)

48. KISANLAL S/O SHRI BHAWANI PRASAD, AGED ABOUT 58 YEARS, OCCUPATION: SERVICE (WORK CHARGED CHOWKIDAR) R/O RADHAGANJ ROAD, DEWAS (MADHYA PRADESH)

49. SATYANARAYAN BAIRAGI S/O SHRI RANCHODDAS BAIRAGI, AGED ABOUT 56 YEARS, OCCUPATION: SERVICE (WORKCHARGED ELECTRICIAN) R/O KABIT NAGAR, DEWAS (MADHYA PRADESH)

50. HARCHARAN SINGH S/O SHRI BAGGA, AGED ABOUT 56 YEARS, OCCUPATION: SERVICE (WORKCHARGED PUMP ATTENDANT) R/O SHIVDHAM COLONY, DEWAS (MADHYA PRADESH)

51. RADHESHYAM S/O SHRI KALUJI, AGED ABOUT 36 YEARS, OCCUPATION: SERVICE (WORKCHARGED SWEEPER) R/O RAJARAM NAGAR, DEWAS (MADHYA PRADESH)

52. SAKIR HUSSAIN S/O SHRI ABDUL HUSSAIN, AGED ABOUT 65 YEARS, OCCUPATION: SERVICE (WORKCHARGED PUMP ATTENDANT) R/O RAJIV NAGAR, DEWAS (MADHYA PRADESH)

53. MOTILAL VERMA S/O SHRI GANGARAM VERMA, AGED ABOUT 62 YEARS, OCCUPATION: SERVICE (WORKCHARGED HELPER) R/O BHOPAL ROAD JAMGOD, DEWAS (MADHYA PRADESH)

54. RASHID KHAN S/O RASOOL KHAN, AGED ABOUT 61 YEARS, OCCUPATION: SERVICE (WORKCHARGED SWEEPER) R/O BAAROLI SONKACH, DEWAS (MADHYA PRADESH)

55. GIRDHARILAL S/O SHRI RAGHUNATH JI, AGED ABOUT 60 YEARS, OCCUPATION: SERVICE (WORKCHARGED HELPER) R/O VILLAGE BERI NAVAPURA BAGHLIJILA, DEWAS (MADHYA PRADESH)

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

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

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, BHOPAL, (MADHYA PRADESH)

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

4. EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT (PHE), DEWAS (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 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 Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 16-02-2023 17:43:43

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