Harbhan Singh Bhadoria vs The State Of Madhya Pradesh
2023 Latest Caselaw 10576 MP

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                                 ON THE 11 th OF JULY, 2023
                                             WRIT PETITION No. 4401 of 2018

                           BETWEEN:-
                           HARBHAN SINGH BHADORIA S/O LATE SHRI GOVIND
                           SINGH BHADORIYA, AGED ABOUT 44 YEARS,
                           OCCUPATION: SERVICE AS AMIN, RESIDENT OF
                           HANUMAN NAGAR, GOLE KA MANDIR, GWALIOR
                           (MADHYA PRADESH)

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

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

                           2.    ENGINEER IN CHIEF, WATER RESOURCE
                                 D EPA R TM EN T NARMADA BHAWAN TULSI
                                 NAGAR, BHOPAL (MADHYA PRADESH)

                           3.    CHIEF    ENGINEER,   WATER   RESOURCE
                                 D EPARTM EN T, YAMUNA KACHAR CHAMBAL
                                 COLONY,   THATIPUR   GWALIOR  (MADHYA
                                 PRADESH)

                           4.    EXECUTIVE ENGINEER WATER RESOURCE
                                 D E PA R T M E N T DIVISION GOHAD BHIND
                                 (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                           (SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE FOR STATE)

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

Signature Not Verified Signed by: PAWAN KUMAR Signing time: 12-07-2023 10:37:13 AM

Vide order dated 26.02.2021, the petition disposed of by this Court by observing as under:

" Heard the learned counsel for the parties and perused the record. From the perusal of the record and vide Annexure P/3 it is not disputed that the petitioner has been classified w.e.f. 10.10.1989. The aforesaid aspect is not disputed by the respondents in the return. The law with respect to classified employee is settled by the Hon'ble Supreme Court in the case of Ram Naresh Rawat (supra) wherein it is held as under:-

"24. It is, thus, somewhat puzzling as to whether the employee, on getting the designation of 'permanent employee' can be treated as 'regular' employee. This answer does not flow from the reading of the Standing Orders Act and Rules. In common parlance, normally, a person who is known as 'permanent employee' would be treated as a regular employee but it does not appear to be exactly that kind of situation in the instant case when we find that merely after completing six months' service an employee gets right to be treated as 'permanent employee'. Moreover, this Court has, as would be noticed now, drawn a distinction between 'permanent employee' and 'regular employee'.

25. We may mention, at this stage that this aspect has come up for consideration, in another context, in State of Madhya Pradesh vs. Dilip Singh Patel. That was a case where similarly situated employees, who were classified as 'permanent employees' under the Standing Orders Act, were given minimum of the payscale attached to their posts. However, after the implementation of Sixth Pay Commission, benefits thereof were not extended to these employees. High Court held that they would be entitled to have their pay fixed as per the revised scales in accordance with therecommendations of Sixth Pay Commission which were accepted qua regular employees. This Court, though, upheld the orders of the High Court giving them the benefit of revision of pay-

scale pertained to Sixth Pay Commission, but at the same time made it clear that they would be entitled to minimum salary and allowances as per the said revised scales and would not be entitled to any increments. It was further held that such increments would be admissible only after regularisation of their services which regularisation was to take place as per the seniority list with due procedure. Following passage from the said judgment, which Signature Not Verified Signed by: PAWAN KUMAR Signing time: 12-07-2023 10:37:13 AM

captures the aforesaid directions, is quoted hereunder: "We have heard learned counsel for the parties and perused the records. It appears that the respondents earlier moved before the Administrative Tribunal, Gwalior by filing original applications such as O.A. No. 648 of 1995, O.A. No. 293 of 1991 etc. In compliance of the orders passed in such original applications, the Chief Engineer, Yamuna Kachhar, Water Resources Department, Gwalior (M.P.) by orders issued in between April 2004 and June, 2004 provided the minimum wages and allowances to the respondents without increment as per the Schedule of the pay scale from the date of the order of the Tribunal. It was further ordered that the regularization of the daily wage employees shall be made as per the seniority list with due procedure and the benefit of increment and other benefits can only be granted after the regularisation as per the Rules. It was ordered that the order of the Court for benefit of minimum wages and allowances shall be ............."

From the aforesaid facts, it is clear that the respondents are entitled for minimum wages and allowance as per the fixed Schedule of the pay scale but without any increment. In such case, if the pay scale is revised from time to time including the payscale as revised pursuant to Sixth Pay Commission, the respondents will be entitled to minimum wages and allowance as per the said revised scale without increment. Only after regularisation of their service, as per seniority and rules, they can claim the benefit of increment and other benefits."

26. From the aforesaid, it follows that though a 'permanent employee' has right to receive pay in the graded pay-scale, at the same time, he would be getting only minimum of the said payscale with no increments. It is only the regularisation in service which would entail grant of increments etc. in the pay-scale. From the perusal of the aforesaid judgment of the Hon'ble Supreme Court it is crystal clear that the classified employee is entitled for minimum of pay scale without increment of the post on which he is classified. Admittedly, the petitioner has been classified on the post of Copiest from 10.10.1989, therefore, he is entitled to arrears of the post of Copiest i.e. minimum of pay scale without increments from the date of his classification i.e. 10.10.1989 to the date when he has been taken up in the regular establishment on the post of Amin. In such circumstances, this petition is disposed of with a direction to the respondents to extend the benefit of Signature Not Verified Signed by: PAWAN KUMAR Signing time: 12-07-2023 10:37:13 AM

classified employee on the post of Copiest to the petitioner from 10.10.1989 i.e. the date of his classification. The arrears be calculated and paid to the petitioner within a period of six months, failing which the arrears will carry an interest @ 6% per annum from the date of order of classification of the petitioner." Aggrieved by the said order, the petitioner preferred Review Petition No.477 of 2021 on the ground that the matter which was in dispute before the writ Court was with regard to grant of correct pay scale to the petitioner after his classification but inadvertently, it appears that the learned writ Court overlooked that aspect and had directed to grant minimum of pay scale in the light of judgment passed by the Supreme Court in the matter of Ram Naresh Rawat vs. Ashwani Rai reported in (2017) 3 SCC 436.

Thereafter, vide order dated 11.07.2023, the said review petition has been allowed and the order dated 26.02.2021 passed by learned writ court in Writ Petition No.4401 of 2018 has been recalled and the petition has been restored to its original number.

With the consent of the parties, this petition is finally heard. Learned counsel for the respondents/State has submitted that the petitioner while placing reliance on Annexure P/9 has assailed that similarly situated persons have been granted pay scale of 5200 grad pay 1900/-, which the petitioner is also seeking and is entitled. It was further submitted that since this aspect has not been considered by the Competent Authority, the matter may be relegated to the Competent Authority for adjudication of the controversy in the light of Annexure P/9.

This fact has not been controverted by counsel for the petitioner and he makes a limited prayer that the Competent Authority may be directed to consider the case of the petitioner for grant of pay scale of 5200 grad pay Signature Not Verified Signed by: PAWAN KUMAR Signing time: 12-07-2023 10:37:13 AM

1900/- and other benefits which may be payable to the petitioner in the light of Annexure P/9.

Looking to the limited prayer made by counsel for the petitioner, this petition is disposed of with a direction to the petitioner to file fresh representation narrating all the factual details before respondent No.3 who in turn is directed to consider the same by passing a reasoned and speaking order in the light of Annexue P/9. Let this exercise be done within a period of two months from the date of certified copy of this order.

With the aforesaid observation, the petition is disposed of finally.

(MILIND RAMESH PHADKE) JUDGE pwn*

Signature Not Verified Signed by: PAWAN KUMAR Signing time: 12-07-2023 10:37:13 AM