Narayan vs The State Of Madhya Pradesh
2023 Latest Caselaw 1629 MP

                                                             1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                              ON THE 30 th OF JANUARY, 2023
                                             WRIT PETITION No. 2372 of 2023

                          BETWEEN:-
                          NARAYAN S/O LATE SHRI VEDRAM, AGED 50 YEARS,
                          OCCUPATION: LABOUR R/O VILLAGE SHERGAD POST
                          CHAKRAMPUR TEHSIL SHIVPURI (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI DEVESH 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 27-28 FIRST FLOOR NIRMAN
                                BHAWAN ARERA HILLS BHOPAL (MADHYA
                                PRADESH)

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

                          4.    EXECUTIVE ENGINEER, EXECUTIVE ENGINEER
                                PUBLIC     WORKS    DEPARTMENT SAMBHAG
                                SHIVPURI (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI ROHIT SHRIVASTAVA- PANEL LAWYER)

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

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

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 31-Jan-23 10:29:45 AM

7 . 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 on daily wages as Labour in the respondents' department. He was classified as permanent employee on the post of Labour by order dated 12/04/2005 (Annexure P/1). 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. Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 31-Jan-23 10:29:45 AM

T h e petitioner was classified by order dated 12/04/2005 . Accordingly, if the classification is intact and if he files a representation before the authorities for grant of minimum pay scale from 12/04/2005 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. E-copy/Certified copy as per rules.

(MILIND RAMESH PHADKE) JUDGE Vishal

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 31-Jan-23 10:29:45 AM