Majid Hassan vs The State Of Madhya Pradesh
2023 Latest Caselaw 253 MP

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                          IN    THE      HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                             ON THE 4 th OF JANUARY, 2023
                                           WRIT PETITION No. 7488 of 2016

                         BETWEEN:-
                         MAJID HASSAN S/O SHRI NAJIR HASSAN, AGED ABOUT
                         49 YEARS, H NO 18 GALI NO 2 PURANA KILA KAMLA
                         PARK NEAR ROYAL HOMES (MADHYA PRADESH)

                                                                                    .....PETITIONER
                         (BY SHRI AWADHESH KUMAR SINGH - ADVOCATE)

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

                         2.    ENGINEER   IN   CHIEF  PUBLIC   WORKS
                               DEPARTMENT CAPTIAL ZONE, PLOT NO. 27-28,
                               NIRMAN BHAWN ARERA HILLS BHOPAL
                               (MADHYA PRADESH)

                         3.    CHIEF ENGINEER PUBLIC WORKS DEPARTMENT
                               CAPTIAL ZONE, PLOT NO. 27-28, NIRMAN BHAWN
                               ARERA HILLS BHOPAL (MADHYA PRADESH)

                         4.    SUPERINTENDENT ENGINEER PUBLIC WORKS
                               DEPARTMENT CAPTIAL ZONE, PLOT NO. 27-28,
                               NIRMAN BHAWN ARERA HILLS BHOPAL
                               (MADHYA PRADESH)

                         5.    EXECUTIVE    ENGINEER   PUBLIC  WORKS
                               D EPARTM EN T DIVISION NO. 2 SHED 6-A
                               JAWAHAR CHOWK BHOPAL (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                         (BY SHRI VIJAY KUMAR SHUKLA - PANEL LAWYER)

                               T h is petition coming on for orders this day, t h e cou rt passed the

Signature Not Verified
Signed by: VAIBHAV
YEOLEKAR
Signing time: 1/5/2023
11:38:47 AM
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                         following:
                                                             ORDER

Petitioner's only grievance is that he was appointed as a daily wager in the respondents' department as 'Clerk' as is apparent from Annexure P-1 in which his name appears at serial no. 34 but he has not been given benefit of minimum of the regular pay scale against the post on which he was discharging his duty.

Reliance is placed on the judgment of coordinate Bench of this court in State of M.P. and others Vs. Hariram and others 2008 (3) M.P.H.T. 274.

Shri Vijay Kumar Shukla submits that this position has been crystallized in the case of Ramnaresh Rawat Vs. Ashwani Rai & others reported in (2017)3 SCC 436.

Taking these facts into consideration, this petition can be disposed of with a direction to the respondent nos. 4 and 5 that in case, petitioner makes a fresh representation to them within fifteen days from today, they shall decide the same in the light of the law laid down by the Supreme Court in the case of Ramnaresh Rawat (supra) within a further period of sixty days.

If petitioner is found entitled, then arrears be also paid within a further period of sixty days.

In above terms, the petition is disposed of.

(VIVEK AGARWAL) JUDGE vy

Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 1/5/2023 11:38:47 AM