Munni Bai vs The State Of Madhya Pradesh
2023 Latest Caselaw 3066 MP

                                  1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
       HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                   ON THE 20 th OF FEBRUARY, 2023
                   WRIT PETITION No. 1931 of 2023

BETWEEN:-
MUNNI BAI W/O LATE SHRI REHMAN KHAN, AGED
ABOUT 47 YEARS, OCCUPATION: HOUSEWIFE THAKUR
MOHALLA TEHSIL CHINORE (MADHYA PRADESH)

                                                                .....PETITIONER
(BY SHRI SHYAM SHARMA - ADVOCATE )

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL SECRETARY VALLABH BHAWAN
      BHOPAL (MADHYA PRADESH)

2.    ENGINEER    IN   CHIEF  PUBLIC WORKS
      D EPARTM EN T SATPURA BHAWAN (MADHYA
      PRADESH)

3.    CHIEF ENGINEER PUBLIC WORKS DEPARTMENT
      GWALIOR DIVISION (MADHYA PRADESH)

4.    EXECUTIVE   ENGINEER             PUBLIC WORKS
      D EPARTM EN T DIVISION          NO. 2 (MADHYA
      PRADESH)

5.    ASSISTANT  ENGINEER     PUBLIC   WORKS
      DEPARTMENT SUB DIVISION CHINOR (MADHYA
      PRADESH)

                                                             .....RESPONDENTS
(BY SHRI NEELESH TOMAR - GOVT. ADVOCATE )

      Th is petition coming on for admission this day, JUSTICE MILIND
RAMESH PHADKE passed the following:
                                   ORDER

This petition under Article 226 of the Constitution of India has been filed

seeking the following reliefs:-

7 . 1 That, respondents may kindly be directed to consider the claim of the petitioner in the light of Hon'ble Apex Court decision in the case of Ram Naresh Rawat vs. Ashwani Ray and Others reported in (2017) 3 SCC 436.

7.2 Any other relief, which this Hon'ble Court may deem fit and proper may also be given to the petitioner along with costs.

It is submitted by the counsel for the petitioner that the petitioner was employed on daily wages as Labour in the respondents department. He was classified as permanent employee on the post of Labour. It is further submitted

that now he has been declared as Sthaikarmi. However, in the light of judgment passed by Supreme Court in the case of Ram Naresh Rawat Vs. Ashwini Ray reported in 2017 (3) SCC 436, the benefit of minimum of regular pay scale without increment from the date of classification till extension of benefit of Sthaikarmi has not been paid and accordingly, it is submitted that the petitioner is entitled for the minimum of regular pay scale without increment for the aforementioned period.

Per contra, it is submitted by the counsel for the State that the petitioner is entitled for the minimum of the regular pay scale without increment from the date of his classification only.

Heard the learned counsel for the parties.

The petitioner was classified as permanent employee. Accordingly, if the classification is intact and if he files representation before the authorities for grant of minimum pay scale from the date of classification till the benefit of Sthaikarmi is given to him, then the said representation shall be decided as early

as possible preferably within a period of one month from the date of representation in the light of judgment passed in the case of Ram Naresh Rawat (supra).

With the aforesaid direction, the petition is finally disposed of.

(MILIND RAMESH PHADKE) JUDGE ar

ABDUR RAHMAN 2023.02.21 12:01:32 +05'30'