Bachhu vs The State Of Madhya Pradesh
2023 Latest Caselaw 150 MP

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                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                             ON THE 3 rd OF JANUARY, 2023
                                            WRIT PETITION No. 29670 of 2022

                          BETWEEN:-
                          BACHHU S/O LATE SHRI BHODU, AGED ABOUT 65
                          YEARS, OCCUPATION: RETIRED LABOUR R/O VILLAGE
                          SESAI SADAK, POST SESAI, SHIVPURI (MADHYA
                          PRADESH)

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

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

                          2.    ENGINEER    IN     CHIEF  PUBLIC  WORKS
                                D EPARTM EN T, 27-28 FIRST FLOOR NIRMAN
                                BHAWAN, ARERA HILLS, BHOPAL (MADHYA
                                PRADESH)

                          3.    CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT,
                                NORTH ZONES, THATIPUR (MADHYA PRADESH)

                          4.    SUPERINTENDENT ENGINEER, PUBLIC WORKS
                                D EPARTM EN T, MANDAL, GUNA (MADHYA
                                PRADESH)

                          5.    EXECUTIVE   ENGINEER,   PUBLIC   WORKS
                                DEPARTM ENT, SAMBHAG, SHIVPURI (MADHYA
                                PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI DEVENDRA CHAUBEY - GOVERNMENT ADVOCATE)

                                This petition coming on for admission this day, th e court passed the
                          following:
Signature Not Verified
Signed by: ABDUR RAHMAN
Signing time: 1/4/2023
5:09:22 PM
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                                                                   ORDER

This petition under Article 226 of the Constitution of India has been filed seeking following reliefs:-

€œ7.1 That, a direction may kindly be given to the respondents to give the service benefit and minimum pay scale of the post of the permanent classified Labour from the date of his classification as permanent employee to the petitioner. And pay the arrears of salary on fixation of pay along with all consequence benefits with interest from the date of his Classification.

7.2 That, the respondents may further be directed to treat the petitioner at par with their similarly placed co-employees with seniority and consequential

benefits on the post of Labour from the date of his Classification.

7.3 That, 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 petitioner was employed as daily wages as Labour in the respondent's department. He was classified as permanent employee on the post of Labour by order dated 04/12/2014. 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 Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 1/4/2023 5:09:22 PM

date of his classification only.

Heard the learned counsel for the parties.

The petitioner was classified by order dated 04/12/2014. Accordingly, if the classification is intact and if he files a representation before the authorities for grant of minimum pay scale from 04/12/2014 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. C.C. as per rules.

(MILIND RAMESH PHADKE) JUDGE Chandni

Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 1/4/2023 5:09:22 PM