Madhya Pradesh High Court
Pramod Kumar Chourasiya vs The State Of Madhya Pradesh on 4 January, 2023
Author: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 4 th OF JANUARY, 2023
WRIT PETITION No. 30099 of 2022
BETWEEN:-
1. PRAMOD KUMAR CHOURASIYA S/O LATE SHRI
JAGESHWAR PRASAD CHOURASIYA, AGED
ABOUT 60 YEARS, OCCUPATION: PERMANENT
EMPLOYEE RESHAM KENDRA NEVARGAON
DISTRICT MANDLA (MADHYA PRADESH)
2. MUNISH KUMAR KATARE S/O LATE SHRI LALJI
KATARE, AGED ABOUT 53 YEARS, OCCUPATION:
PERMANENT EMPLOYEE DISTRICT OFFICE
MANDLA DISTRICT MANDLA (MADHYA
PRADESH)
3. DHANESHWAR DEHARIYA S/O SHRI ATMARAM
DEHARIYA, AGED ABOUT 59 YEARS,
OCCUPATION: PERMANENT EMPLOYEE RILLING
UNIT DINDORI DISTRICT DINDORI (MADHYA
PRADESH)
4. AJAY SINGH THAKUR S/O SHRI R.S THAKUR,
AGED ABOUT 58 YEARS, OCCUPATION:
PERMANENT EMPLOYEE RESHAM KENDRA
GHAGHA DISTRICT MANDLA (MADHYA
PRADESH)
5. PUNARAM BHAVEDI S/O SHRI BEER SINGH, AGED
ABOUT 59 YEARS, OCCUPATION: PERMANENT
EMPLOYEE RESHAM KENDRA TATRI DISTRICT
MANDLA (MADHYA PRADESH)
6. PATIRAM MARAVI S/O SHRI PANCHAMLAL
MARAVI, AGED ABOUT 48 YEARS, OCCUPATION:
PERMANENT EMPLOYEE RESHAM KENDRA
GHUGHARI DISTRICT MANDLA (MADHYA
PRADESH)
Signature Not Verified
SAN
7. BABULAL ARMO S/O SHRI TIKARAM ARMO,
AGED ABOUT 56 YEARS, OCCUPATION:
Digitally signed by RAVIKANT KEWAT
Date: 2023.01.06 11:02:49 IST PERMANENT EMPLOYEE KOSA BEEJ KENDRA
MADHUPURI DISTRICT MANDLA (MADHYA
2
PRADESH)
8. AMAN SINGH DHURVE S/O SHRI SUNHARE
SINGH, AGED ABOUT 46 YEARS, OCCUPATION:
PERMANENT EMPLOYEE RESHAM KENDRA
RAIGAON DISTRICT MANDLA (MADHYA
PRADESH)
9. BAJARI SINGH S/O SHRI AMAN SINGH, AGED
ABOUT 55 YEARS, OCCUPATION: PERMANENT
EMPLOYEE RESHAM KENDRA BILAIKHAR
DISTRICT MANDLA (MADHYA PRADESH)
10. ANGAD SINGH VISHWAKARMA S/O SHRI
PREMLAL VISHWAKARMA, AGED ABOUT 61
YEAR S, OCCUPATION: PERMANENT EMPLOYEE
KOSA BEJ KENDRA SIJHORA DISTRICT MANDLA
(MADHYA PRADESH)
11. SAMARULAL PARTE S/O SHRI KANHAO PARTE,
AGED ABOUT 60 YEARS, OCCUPATION:
PERMANENT EMPLOYEE DISTRICT OFFICE
GUNERA DISTRICT MANDLA (MADHYA
PRADESH)
12. LAXMI CHAND RAJAK S/O SHRI TULSIRAM
RAJAK, AGED ABOUT 56 YEARS, OCCUPATION:
PERMANENT EMPLOYEE RESHAM KENDRA
MALPEHARI DISTRICT MANDLA (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI R.K.PANDEY- ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY COTTAGE AND
RURAL INDUSTRIES DEPARTMENT
MANTRALAYA VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. COMMISSIONER SECRETARIAT OF
S ER I C U LTU R E GROUND FLOOR SATPURA
BHAWAN BHOPAL (MADHYA PRADESH)
Signature Not Verified
3. C O L L E C T O R M A N D L A DISTRICT MANDLA
SAN
(MADHYA PRADESH)
Digitally signed by RAVIKANT KEWAT
Date: 2023.01.06 11:02:49 IST
4. C O L L E C T O R D I N D O R I DISTRICT DINDORI
(MADHYA PRADESH)
3
5. ASSISTANT DIRECTOR SERICULTUR MANDLA
SAHASTRADHARA ROAD DEVDARA DISTRICT
MANDLA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI LALIT JOGLEKAR- 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 That, it is therefore prayed that this Hon'ble Court
may kindly be pleased to call for the entire service records in the
interest of justice.
7.2 That, the Hon'ble Court may be pleased to issue a
writ of Mandamus commanding the respondents to pay the revision
of minimum pay scale as per 7th Pay Commission to the petitioners
with all consequential benefits and arrears thereof, in the interest of
justice.
7.3 That, the Hon'ble Court may be pleased to issue a
writ of Mandamus commanding the respondent no.2 to consider and
decide the representation (Annexure-P/5) of the petitioners in
accordance with law, in the interest of justice.
7.4 Any other relief/order or direction, as this Hon'ble
High Court deems fit and proper looking to the facts and
Signature Not Verified
SAN
circumstances of the case may please awarded along with the cost of
Digitally signed by RAVIKANT KEWAT
Date: 2023.01.06 11:02:49 IST
proceedings.
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
and vide order dated 16.02.2017 (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 the 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.
Consider 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.
Signature Not Verified
SAN
It is made clear that this Court has not expressed any opinion on the
Digitally signed by RAVIKANT KEWAT
merit of the case and case of the petitioners shall be decided on its own merit.
Date: 2023.01.06 11:02:49 IST
With the above, the petition is finally disposed of.
C.C. as per rules.
(ANAND PATHAK)
JUDGE
rk.
Signature Not Verified
SAN
Digitally signed by RAVIKANT KEWAT
Date: 2023.01.06 11:02:49 IST
