Sukhlal Jogi vs The State Of Madhya Pradesh
2023 Latest Caselaw 3249 MP

                            1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                    AT JABALPUR
                          BEFORE
            HON'BLE SHRI JUSTICE ANAND PATHAK
                ON THE 22 nd OF FEBRUARY, 2023
                WRIT PETITION No. 4319 of 2023

BETWEEN:-
1.    SUKHLAL JOGI S/O DAYARAM JOGI, AGED
      ABOUT 56 YEARS, OCCUPATION: PERMANENT
      EMPLOYEE (UNSKILLED) WORKING IN PUBLIC
      WORKS DEPARTMENT SUB DIVISION ANUPPUR
      DIVISION  ANUPPUR    DISTRICT  ANUPPUR
      (MADHYA PRADESH)

2.    MAHESH SINGH S/O DUKKU SINGH GOND, AGED
      ABOUT 54 YEARS, OCCUPATION: PERMANENT
      EMPLOYEE (UNSKILLED), WORKING IN PUBLIC
      WORKS DEPARTMENT SUB DIVISION ANUPPUR,
      DIVISION  ANUPPUR    DISTRICT  ANUPPUR
      (MADHYA PRADESH)

3.    KESAR BAI D/O JAITRAM JOGI, AGED ABOUT 50
      YEAR S, OCCUPATION: PERMANENT EMPLOYEE
      (UNSKILLED), WORKING IN PUBLIC WORKS
      DEPARTMENT SUB DIVISION ANUPPUR, DIVISION
      ANUPPUR    DISTRICT   ANUPPUR    (MADHYA
      PRADESH)

                                                  .....PETITIONERS
(BY SHRI SUDHANSHU K. SINGH - ADVOCATE)

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

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

3.    CHIEF ENGINEER PUBLIC WORKS DEPARTMENT
      REWA PARICHHETRA REWA (MADHYA PRADESH)
                               2
4.     EXECUTIVE    ENGINEER    PUBLIC  WORKS
       D EPARTM EN T DIVISION ANUPPUR DISTRICT
       ANUPPUR (MADHYA PRADESH)

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

                                                               .....RESPONDENTS
(BY SMT. G. K. 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 reliefs:-

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

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 employees of Public Works Department and in pursuance of circulars dated 20.7.2017 (Annexure P/3) and dated 8.8.2022 (Annexure P/2), they have been classified as permanent employee vide order dated 12.1.2017 (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 to time. Learned counsel seeks consideration over representation preferred by the petitioners.

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. Certified copy as per rules.

(ANAND PATHAK) JUDGE ps

Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.02.22 17:58:46 +05'30'