Semvati Bai vs The State Of Madhya Pradesh
2023 Latest Caselaw 3151 MP

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                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE ANAND PATHAK
                                            ON THE 21 st OF FEBRUARY, 2023
                                            WRIT PETITION No. 3930 of 2023

                          BETWEEN:-
                          1.    SEMVATI BAI D/O AMAR SHAY, AGED ABOUT 60
                                YEAR S, OCCUPATION: PERMANENT EMPLOYEE
                                (UNSKIILED)PUBLIC   WORKS    DEPARTMENT
                                PUBLIC WORKS DEPARTMENT SUB DIVISION
                                ANUPPUR    DIVISION  ANNUPPER    DISTRICT
                                ANUPPUR (MADHYA PRADESH)

                          2.    BADKA BAI D/O BADKAUNA SINGH GOND, AGED
                                ABOUT 60 YEARS, OCCUPATION: PERMANENT
                                EMPLOYEE (UNSKILLED) WORKING IN PUBLIC
                                WORKS DEPARTMENT SUB DIVISION ANUPPUR
                                DIVISION   DISTRICT  ANUPPUR   (MADHYA
                                PRADESH)

                          3.    GULABIYA BAI S/O BAIJNATH, AGED ABOUT 59
                                YEAR S, OCCUPATION: PERMANENT EMPLOYEE
                                WORKING IN PUBLIC WORKS DEPARTMENT SUB
                                DIVISION   ANUPPUR    DIVISION   DISTRICT
                                ANUPPUR (MADHYA PRADESH)

                                                                              .....PETITIONER
                          (BY SHRI SHANKAR LAL GUPTA- ADVOCATE)

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

                          2.    ENGINEER      IN   CHIEF PUBLIC  WORKS
                                DEPARTM ENT BHAWAN PLOT NO.27/28 ARERA
                                HILLS BHOPAL (MADHYA PRADESH)

                          3.    CHIEF ENGINEER PUBLIC WORKS DEPARTMENT
                                REWA PARICHHETRA REWA (MADHYA PRADESH)

                          4.    EXECUTIVE     ENGINEER       PUBLIC   WORKS
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 2/22/2023
2:34:59 PM
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                                D EPARTM EN T DIVISION ANUPPUR               (MADHYA
                                PRADESH)

                          5.    SUB DIVISIONAL OFFICER PUBLIC WORKS
                                DEPARTMENT SUB DIVISION ANUPPUR (MADHYA
                                PRADESH)

                                                                                          .....RESPONDENTS
                          (BY SMT.GULABKALI PATEL- GOVERNMENT ADVOCATE)

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                                ORDER

The petitioners have preferred this petition under Article 226 of the Constitution of India seeking following relief:-

"7.1 The Hon'ble Court may kindly be pleased to issue an appropriate writ to direct the respondents to pay arrears of minimum pay scale of 7th pay scale since 15.12.2016 as per circular and order dated (P/2 and P/3) with all consequential benefits in the interest of justice.

7.2 To grant any other relief which may deem fit and proper in the facts and circumstances of the case.

It is the submission of learned counsel for the petitioners that they are employee of Public Health Engineering Department and in pursuance of notification dated 07.10.2016, they have been classified as permanent employee vide order dated 12.01.2017 (Annexure-P/1). After regularization, they are seeking revision of minimum pay-scale as per 7th Pay Commission with all consequential benefits and arrears thereof. They referred the judgment passed by Apex Court in the case of Ram Naresh Rawat Vs. Ashwini Ray and Ors., (2017) 3 SCC 436. Leaned counsel for the petitioners referred different orders passed by this Court in the case of similarly placed employee from time Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 2/22/2023 2:34:59 PM

to time. Learned counsel seeks consideration over representation preferred by the petitioner.

Learned counsel for the respondent/State submits that if the petitioners preferred a fresh representation, the same shall be taken care of in accordance with law and prevailing guidelines/rules.

Considering the rival submissions, this petition is disposed of with a direction to the petitioners to prefer a representation within 15 days from the date of receipt of certified copy of the order passed today raising all their grievances as per law.

If any representation is preferred by the petitioners within such period, then the respondents/authority shall take into account the relevant rules/guidelines and orders passed in other cases and thereafter ensure passing of a reasoned order in accordance with law within four weeks thereafter under due intimation to the petitioners.

I t is made clear that this Court has not expressed any opinion on the merit of the case and case of the petitioners shall be decided on its own merit.

With the above, the petition is finally disposed of. C.C. as per rules.

(ANAND PATHAK) JUDGE rk.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 2/22/2023 2:34:59 PM