Public Health Engineering ... vs Ramesh Chandra Mewade
2023 Latest Caselaw 1168 MP

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                           IN    THE    HIGH COURT OF MADHYA PRADESH
                                              AT INDORE
                                                  BEFORE
                           HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                     &
                              HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
                                          ON THE 19 th OF JANUARY, 2023
                                            WRIT APPEAL No. 573 of 2019

                          BETWEEN:-
                          1.    STATE OF M.P. THROUGH ITS SECRETARY,
                                DEPARTMENT OF PUBLIC HEALTH ENGINEERING
                                VALLABH      BHAWAN, BHOPAL    (MADHYA
                                PRADESH)

                          2.    ENGINEER IN CHIEF DEPARTMENT OF PUBLIC
                                HEALTH    ENGINEERING, SATPURA BHAWAN,
                                BHOPAL (MADHYA PRADESH)

                          3.    CHIEF ENGINEER, DEPARTMENT OF PUBLIC
                                HEALTH     ENGINEERING BHOPAL REGION,
                                BHOPAL (MADHYA PRADESH)

                          4.    EXECUTIVE ENGINEER, DEPARTMENT OF PUBLIC
                                HEALTH   ENGINEERING, RAJGARH (MADHYA
                                PRADESH)

                                                                           .....APPELLANTS
                          ( SHRI AAKASH SHARMA- GOVERNMENT ADVOCATE)

                          AND
                          1.    RAMESH CHANDRA MEWADE S/O SHRI BALRAM
                                MEWADE, AGED ABOUT 53 YEARS, OCCUPATION:
                                METER    READER DEPARTMENT OF PUBLIC
                                HEALTH ENGINEERING, NEAR NARAYAN CHOWK
                                LALMATA   MANDIR     RAJGARH    (MADHYA
                                PRADESH)

                          2.    TEJ SINGH S/O LATE GANGARAM RAJPUT, AGED
                                ABOUT 52 YEARS, OCCUPATION: HELPER ,
                                DEPARTMENT OF PUBLIC HEALTH ENGINEERING
                                RAJGARH GRAM TIKARIYA, POST AMLAR,
                                TIKARIYA, TALEN (MADHYA PRADESH)

Signature Not Verified
Signed by: VARSHA DUBEY
Signing time: 1/20/2023
6:00:00 PM
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                          3.    HARIOM SHARMA S/O SHRI RUGNATH SHARMA,
                                AGED       ABOUT       48   YEARS, OCCUPATION:
                                CHOWKIDAR, DEPARTMENT OF PUBLIC HEALTH
                                EN G I N E E R I N G RAJGARH,  R/O   SHIKSHAK
                                COLONY RAJGARH (MADHYA PRADESH)

                          4.    VALLABH MEWADE S/O SHRI JAGANNATH
                                MEWADE, AGED ABOUT 51 YEARS, OCCUPATION:
                                CHOWKIDAR, DEPARTMENT OF PUBLIC HEALTH
                                ENGINEERING, R/O IN FRONT OF WATER TANK,
                                BANSWARA, CHAR BAG, RAJGARH (BIAORA)
                                (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (SHRI PANKAJ SONI - ADVOCATE)

                                Th is appeal coming on for orders this day, JUSTICE SUSHRUT
                          ARVIND DHARMADHIKARI passed the following:
                                                              ORDER

Heard on IA No.1636/2019, an application for condonation of delay. For the reasons, stated in the application, the same is allowed. The delay of 14 days is hereby condoned.

Heard finally with the consent of both the parties. This writ appeal under Section 2(1) of the Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed being aggrieved by the order dated 17.12.2018, passed by learned Single Judge in Writ Petition No.219 of 2017, seeking issuance of an appropriate writ, order or direction directing the appellants/respondents to grant regular pay scale from the date they have been classified as permanent.

Learned Single Judge, relying on the judgment of the Apex Court in the case of Ram Naresh Rawat Vs. Shri Ashwini Ray in SLP(Civil) No. 19292/2012, had allowed the writ petition holding that the respondents/petitioners are entitled to receive minimum of the pay scale from the date they have been classified as permanent. The aforesaid exercise be Signature Not Verified Signed by: VARSHA DUBEY Signing time: 1/20/2023 6:00:00 PM

concluded within a period of three months.

Being aggrieved, the appellant/State has filed the present appeal on the ground that the learned Single Judge has erred in allowing the writ petition inasmuch as the respondents were daily wagers in the Department and were not engaged/appointed against any clear vacant regular post but they were appointed as per requirement of work in the Department. However, looking to the period of service rendered by the respondents, the appellant had regularized the services of the petitioners in the work charged and contingency establishment. The respondents are not eligible for grant of benefit from their first appointment in the work charged establishment.

On perusal of the impugned order, the learned Single Judge has not granted respondents, the benefit of minimum of the pay scale from the date of their initial appointment but from the date of permanent classification. In number of cases, the appellants have granted minimum of the pay scale from the date they have been classified as permanent. In the present case as well, the respondents are eligible for the same.

In view of the aforesaid, the learned Single Judge has not committed any error so as to interfere in the order, accordingly, this writ appeal sans merit and is hereby dismissed. No order as to costs.

                               (S. A. DHARMADHIKARI)                      (PRAKASH CHANDRA GUPTA)
                                        JUDGE                                      JUDGE
                          VD




Signature Not Verified
Signed by: VARSHA DUBEY
Signing time: 1/20/2023
6:00:00 PM