Shri Ramgopal vs State Of M.P. Public Health ...
2023 Latest Caselaw 2474 MP

                                                           1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                            BEFORE LOK ADALAT
                           HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                     &
                                           SHRI HITENDRA MEHTA
                                            ON THE 11 th OF FEBRUARY, 2023
                                            WRIT PETITION No. 27333 of 2022

                          BETWEEN:-
                          SHRI RAMGOPAL S/O SHRI HARJI JAT, AGED ABOUT 65
                          YEAR S , OCCUPATION: RETIRED GRAM MEN, TEH,
                          MHOW DISTRICT INDORE (MADHYA PRADESH)

                                                                                      .....PETITIONER
                          (SHRI PRAKHAR KARPE, LEARNED COUNSEL FOR THE PETITIONER)

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

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

                          3.    CHIEF ENGINEER PUBLIC HEALTH ENGINEERING
                                D E PA R T M E N T INDORE REGION  INDORE
                                (MADHYA PRADESH)

                          4.    EXECUTIVE      ENGINEER   PUBLIC  HEALTH
                                ENGINEERING       DEPARTMENT MAINTENANCE
                                DIVISION-2, INDORE (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (SHRI AKASH SHARMA, LEARNED GOVT. ADVOCATE FOR THE
                          RESPONDENT/STATE))

                                This petition coming on for conciliation this day, the Bench passed the
                          following:
Signature Not Verified
Signed by: PREETHA NAIR
Signing time: 2/15/2023
2:55:13 PM
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                                                                ORDER

With the consent, heard finally.

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

I n the present writ petition, the petitioner is challenging the impugned action of the respondent/Department 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 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.

Signature Not Verified Signed by: PREETHA NAIR Signing time: 2/15/2023 2:55:13 PM

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

                               (JUSTICE S. A. DHARMADHIKARI)                         (HITENDRA MEHTA)
                                       MEMBER                                            MEMBER


                          pn




Signature Not Verified
Signed by: PREETHA NAIR
Signing time: 2/15/2023
2:55:13 PM