Madhya Pradesh High Court

Anil Rathor vs Narmada Valley Development ... on 11 July, 2023

Author: Vijay Kumar Shukla

                                                        1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                              AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                              ON THE 11 th OF JULY, 2023
                                            WRIT PETITION No. 3362 of 2017

                           BETWEEN:-
                           1.

ANIL RATHOR S/O BHAGATSINGH RATHOR, AGED ABOUT 53 YEARS, OCCUPATION: DAILY WAGER VILLAGE ZIRABAD TEH.GANDHWANI (MADHYA PRADESH)

2. AMINUDDIN S/O GANI MOHD. KHAN, AGED ABOUT 49 YEARS, OCCUPATION: DAILY WAGER VILLAGE ZIRABAD TEH GANDHWANI , DISTT DHAR (MADHYA PRADESH)

3. RAJENDRA S/O RAMNARAYAN SHARMA, AGED ABOUT 56 YEARS, OCCUPATION: DAILY WAGER VILL MAAN COLONY (ZIRABAD) TEHSIL GANDHWANI , DISTT DHAR (MADHYA PRADESH)

4. KAMAL S/O NAHARSINGH, AGED ABOUT 40 YEAR S, OCCUPATION: DAILY WAGER VILLAGE ZIRABAD TEHSIL GANDHWANI , DISTT DHAR (MADHYA PRADESH)

5. MUSHFIK KHAN S/O NAXIR MOHD. KHAN, AGED ABOUT 53 YEARS, OCCUPATION: DAILY WAGER OFFICE OF EXEECUTIVED ENGINEER DIVISION DHAMNOD DISTT DHAR (MADHYA PRADESH)

6. BAALSINGH S/O PIDIYA, AGED ABOUT 52 YEARS, OCCUPATION: DAILY WAGER VILLAGE BHUWADA, POST KACHAVDA TEHASIL AND DISTT DHAR (MADHYA PRADESH)

7. RAISINGH S/O PADAMSINGH, AGED ABOUT 44 YEAR S, OCCUPATION: DAILY WAGER VILLAGE ZIRABAD, TEHSIL GANDHWANI DISTT DHAR (MADHYA PRADESH)

8. SHAALSINGH S/O KHUMSINGH, AGED ABOUT 53 YEARS, OCCUPATION: DAILY WAGER VILL AGE BHUWADA POST KACHAVDA , TEHSIL AND DISTT DHAR (MADHYA PRADESH) Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 11-07-2023 17:57:39

9. GULSINGH S/O LALU, AGED ABOUT 50 YEARS, OCCUPATION: DAILY WAGER VILL AGE BHUWADA POST KACHAVDA , TEHSIL AND DISTT DHAR (MADHYA PRADESH)

10. RAJARAM S/O BALARAM VERMA, AGED ABOUT 56 YEARS, OCCUPATION: DAILY WAGER OFFICE OF EXECUTIVE ENGINEER , NARMADA DEVELOPMENT , SUB DIVISION SUB DIVSIISON NO 20 ;MANDLESHWAR DISTT KHARGONE (MADHYA PRADESH)

11. KANSINGH S/O GOBARYA, AGED ABOUT 49 YEAR S, OCCUPATION: DAILY WAGER VILLAGE BHUWADA, POST KACHAVDA TEHSIL AND DISTT DHAR (MADHYA PRADESH)

12. POPADYA S/O NANKA OCCUPATION: DAILY WAGER VILLAGE BHUWADA, POST KACHAVDA TEHSIL AND DISTT DHAR (MADHYA PRADESH)

13. BAPUSINGH S/O DHANAJI, AGED ABOUT 45 YEAR S, OCCUPATION: DAILY WAGER VILLAGE MAAN COLONY (ZIRABAD) TEHSIL GANDHWANI , DISTT DHAR (MADHYA PRADESH)

14. SARDARSINGH S/O NAANSINGH OCCUPATION:

DAILY WAGER SUB DIVISION NO 41 JIRABAAD DISTT DHAR (MADHYA PRADESH)

15. RATANSINGH S/O RAISINGH, AGED ABOUT 49 YEAR S, OCCUPATION: DAILY WAGER VILLAGE MAAN COLONY (ZIRABAD), TEHSIL GANDHWANI , DISTT DHAR (MADHYA PRADESH)

16. CHAGAN S/O PUNA, AGED ABOUT 49 YEARS, OCCUPATION: DAILY WAGER VILLAGE BHUWADA , POST KACHAVDA, TEHSIL AND DISTT DHAR (MADHYA PRADESH)

17. THAANSINGH S/O JUWANSINGH, AGED ABOUT 45 YEAR S, OCCUPATION: DAILY WAGER VILLAGE ZIRABAD , TEHSIL GANDWANI , DISTT DHAR (MADHYA PRADESH)

18. ISHAK S/O ABDUL RASHID KHAN, AGED ABOUT 51 YEARS, OCCUPATION: DAILY WAGER VILLAGE ZIRABAD TEHSIL GANDWANI , DISTT DHAR (MADHYA PRADESH)

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 11-07-2023 17:57:39

19. RANSINGH S/O NAHARSINGH, AGED ABOUT 45 YEAR S, OCCUPATION: DAILY WAGER VILLAGE BHUWADA, POST KACHAVDA TEHSIL AND DISTT DHAR (MADHYA PRADESH)

20. MOHAN S/O CHAGAN, AGED ABOUT 41 YEARS, OCCUPATION: DAILY WAGER VILLAGE KHURSAL , TEHSIL GANDHWANI , DISTT DHAR (MADHYA PRADESH)

21. MAHESH THAKUR OCCUPATION: DAILY WAGER DIVISION NO 30, MANAWAR DISTT DHAR (MADHYA PRADESH)

22. SITA SONI D/O NOT MENTIONED OCCUPATION:

DAILY WAGER DIVISON NO 30, MANAWAR DISTT DHAR (MADHYA PRADESH)

23. LAXMAN S/O GHEESAJI OCCUPATION: DAILY WAGER DIVISION NO 30, MANAWAR DISTT DHAR (MADHYA PRADESH)

24. GOVIND SOLANKI S/O NOT MENTIONED OCCUPATION: DAILY WAGER DIVISION NO 30, MANAWAR , DISTT DHAR (MADHYA PRADESH)

25. SUKHRAM S/O LACHHA OCCUPATION: DAILY WAGER DIVISION NO 2, DHARAMPURI, DISTT DHAR (MADHYA PRADESH)

26. VASUDEV PATIDAR S/O NOT MENTIONED, AGED ABOUT 58 YEARS, OCCUPATION: DAILY WAGER DIVSION NO 2 , DHARAMPURI , DISTT DHAR (MADHYA PRADESH)

27. BHEEMSINGH S/O BABULAL, AGED ABOUT 48 YEARS, OCCUPATION: DAILY WAGER DIVISION NO 2, DHARAMPURI DISTT DHAR (MADHYA PRADESH)

28. KAMLESH S/O TRIYOGI NARAYAN TIWARI, AGED ABOUT 48 YEARS, OCCUPATION: DAILY WAGER DIVSIION NO 2, DHARAMPURI , DISTT DHAR (MADHYA PRADESH)

29. RAJENDRA UPADHYAYA S/O NOT MENTIONED OCCUPATION: DAILY WAGER OFFICE OF EXECUTIVE ENGINEER DIVISION NO 20, MANDLESHWAR , DISTT KHARGONE (MADHYA PRADESH)

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 11-07-2023 17:57:39

30. KISHOR SINGH CHOHAN S/O NOT MENTIONED OCCUPATION: DAILY WAGER OFFICE OF EXECUTIVE ENGINEER DIVISION NO 20, MANDLESHWAR , DISTT KHARGONE (MADHYA PRADESH)

31. MAHENDRA KUMAR S/O SHYAMRAO OCCUPATION: DAILY WAGER OFFICE OF EXECUTIVE ENGINEER DIVISISON NO 20, MANDLESHWAR , DISTT KHARGONE (MADHYA PRADESH)

32. JAAMSINGH S/O NOT MENTIONED OCCUPATION:

DAILY WAGER OFFICE OF EXECUTIVE ENGINEER , DIVISION NO 30, MANAWAR , DISTT DHAR (MADHYA PRADESH)

33. SHYAM S/O KAMAL VERMA OCCUPATION: DAILY WAGER OFFICE OF EXECUTIVE ENGINEER DIVISION NO 20, MANDLESHWAR DISTT KHARGONE (MADHYA PRADESH)

34. GODRAM S/O NOT MENTIONED OCCUPATION:

DAILY WAGER OFFICE OF EXECUTIVE ENGINEER D IVIS ION NO 30 MANAWAR , DISTT DHAR (MADHYA PRADESH)

35. GENDALAL S/O NOT MENTIONED OCCUPATION:

DAILY WAGER OFFICE OF EXECUTIVE ENGINEER DIVISION NO 30, MANAWAR DISTT DHAR (MADHYA PRADESH)

36. REMSINGH S/O NOT MENTIONED OCCUPATION:

DAILY WAGER OFFICE OF EXECUTIVE ENGINEER DIVISION NO 30, MANAWAR, DISTT DHAR (MADHYA PRADESH)

37. JUWANSINGH S/O NOT MENTIONED OCCUPATION: DAILY WAGER OFFICE OF EXECUTIVE ENGINEER DIVISINO NO 30, MANAWAR DISTT DAHR (MADHYA PRADESH)

38. RADHESHYAM S/O NATHHULAL OCCUPATION:

DAILY WAGER OFFICE OF EXECUTIVE ENGINEER DIVISION NO 30, MANAWAR DISTT DHAR (MADHYA PRADESH)

39. MUNIYA S/O BHANGDA OCCUPATION: DAILY WAGER OFFICE OF EXECUTIVE ENGINEER DIVISION NO 30, MANAWAR DISTT DHAR (MADHYA PRADESH) Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 11-07-2023 17:57:39

40. LAXMANSINGH S/O JAGANNATH SINGH, AGED ABOUT 53 YEARS, OCCUPATION: DAILY WAGER I- 28, SINCHAI COLONY , MANAWAR DISTT DHAR (MADHYA PRADESH)

41. OMPRAKASH S/O LAXMINARAYAN, AGED ABOUT 55 YEARS, OCCUPATION: DAILY WAGER VILLAGE BADVI , TEH MAHESHWAR DISTT KHARGONE (MADHYA PRADESH)

42. RAMSINGH S/O ANARSINGH, AGED ABOUT 50 YEAR S , OCCUPATION: DAILY WAGER KUKSHI DISTT DHAR (MADHYA PRADESH)

43. KERU S/O VESTA, AGED ABOUT 50 YEARS, OCCUPATION: DAILY WAGER VILLAGE PALASI, KUKSHI, DISTT DHAR (MADHYA PRADESH)

44. RAJENDRA PRASAD S/O MAHAVEER PRASAD, AGED ABOUT 49 YEARS, OCCUPATION: DAILY WAGER MAAN COLONY, JEERABAD DISTT DHAR (MADHYA PRADESH)

45. DHANSINGH S/O RAISINGH, AGED ABOUT 50 YE A R S , OCCUPATION: DAILY WAGER MAAN COLONY, JEERABAD DISTT DHAR (MADHYA PRADESH)

46. KUNWAR SINGH S/O PHULSINGH, AGED ABOUT 50 YE A R S , OCCUPATION: DAILY WAGER MAAN COLONY, JEERABAD DISTT DHAR (MADHYA PRADESH)

47. DEVILAL S/O PEMAJI, AGED ABOUT 55 YEARS, OCCUPATION: DAILY WAGER MAAN COLONY JEERABAD DISTT DHAR (MADHYA PRADESH)

.....PETITIONERS (BY SHRI MANISH YADAV - ADVOCATE)

AND

1. NARMADA VALLEY DEVELOPMENT DEPARTMENT PRINCIPAL SECRETARY VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. CHAIRMAN NARMADA VALLEY DEVELOPMENT JAIL ROAD, BHOPAL (MADHYA PRADESH)

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 11-07-2023 17:57:39

3. EXECUTIVE ENGINEER NARMADA VALLEY DEVELOPMENT DEPARTMENT DIVISION NO 30, MANAWAR DISTT DHAR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI VIVEK PATVA - ADVOCATE)

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

ORDER The petitioners have sought quashment of order whereby the respondent has directed the petitioners to deposit the amount which was paid to them in excess while granting benefits of 5th and 6th pay scale.

2. Counsel for petitioners submits that the benefit of 5th and 6th pay scale was granted to them as per the order passed by this Court in WP No.5597/2015 and WP No.1556/2016. According to the petitioners, no excess amount has been paid to them, and, therefore, the recovery could not have been made. Counsel for petitioners further submits that recently the division bench of this Court in WA No.1268/2021 State of MP & Ors. Vs. Basant Kumar has

decided the issue and held that the employees are entitled for the benefit of 5th and 6th pay scale from the date of its applicability i.e. 1.1.1996 and 1.1.2006. He has placed copy of the order passed in the case of Basant Kumar (supra).

3. Counsel for respondents does not dispute that the aforesaid issue has been decided by the Division Bench.

4. In view of the judgment passed by the Division Bench in the case of Basant Kumar (supra), the present petition is allowed. The impugned order of recovery is quashed. In case if the amount has already been recovered from the petitioners, the same shall be refunded to the petitioners and the petitioners shall be entitled for all other dues.

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 11-07-2023 17:57:39

5. With the aforesaid, the writ petition is allowed and disposed off.

(VIJAY KUMAR SHUKLA) JUDGE VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 11-07-2023 17:57:39