Smt. Nirmala Goswami vs The State Of Madhya Pradesh
2023 Latest Caselaw 2484 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. 21208 of 2022

                           BETWEEN:-
                           SMT. NIRMALA GOSWAMI W/O LATE SHRI MAHADEV
                           GOSWAMI, AGED ABOUT 54 YEARS, OCC: NIL R/O 7/2
                           HARASAGON , DHARGAON, KHARGONE (MADHYA
                           PRADESH)

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

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

                           2.    ENGINEER    IN    CHIEF PUBLIC  HEALTH
                                 ENGINEERING DEPARTMENT (PHE) 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 DIVISION-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

Signature Not Verified
                           following:
Signed by: SHILPA
NAGDEVE
Signing time: 16-02-2023
17:43:43
                                                                  2
                                                                 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 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: SHILPA NAGDEVE Signing time: 16-02-2023 17:43:43

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