Manoj Shriwas vs Public Health Engineering ...
2023 Latest Caselaw 2485 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. 11456 of 2022

                           BETWEEN:-
                           1.    MANOJ SHRIWAS S/O PRABHUDAYAL SHRIWAS,
                                 AGED ABOUT 51 YEARS, OCCUPATION: SERVICE
                                 (TIME KEEPER) R/O NEAR JUNA RAM MANDIR
                                 MANDLESHWAR,       DISTRICT   KHARGONE
                                 (MADHYA PRADESH)

                           2.    DINESH KUSHWA S/O SHRI SHANKARLAL
                                 KUSHWAH,   AGED    ABOUT   49   YEARS,
                                 OCCUPATION: SERVICE ( TIMEKEEPER) R/O
                                 GRAM THANGAON, MOTI MATA CHOWK, TEHSIL
                                 MAHESWAR, DISTRICT KHARGONE (MADHYA
                                 PRADESH)

                           3.    PRADEEP SINGH BHADORIA S/O SHRI RAM
                                 BAHADUR BHADORIA, AGED ABOUT 57 YEARS,
                                 OCCUPATION:    SERVICE     (TEMEKEEPER)
                                 NARMADA DHAM COLONY, MANDLESHWAR ,
                                 DISTRICT KHARGONE (MADHYA PRADESH)

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

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

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

                           3.    CHIEF ENGINEER PUBLIC HEALTH ENGINEERING
Signature Not Verified
                                 DEPARTMENT (PHE) INDORE REGION, INDORE
Signed by: SHILPA
NAGDEVE
Signing time: 16-02-2023
17:43:43
                                                                  2
                                 (MADHYA PRADESH)

                           4.    EXECUTIVE     ENGINEER P U B L I C 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
                           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 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 Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 16-02-2023 17:43:43

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