Shabir Hussain vs The State Of Madhya Pradesh
2023 Latest Caselaw 10937 MP

                                                           1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                ON THE 14 th OF JULY, 2023
                                             WRIT PETITION No. 16042 of 2023

                           BETWEEN:-
                           1.    SHABIR HUSSAIN S/O MOHAMMAD HUSSAIN
                                 OCCUPATION:   SERVICE  R/O   SARKARI
                                 AKABMAQBARA    JAORA  DISTT. RATLAM
                                 (MADHYA PRADESH)

                           2.    KAILASH S/O KANHAIYALAL OCCUPATION:
                                 SERVICE ROJANA ROAD, HUSSAIN TEKRI JAORA
                                 DIST. RATLAM (MADHYA PRADESH)

                                                                                     .....PETITIONERS
                           (BY SHRI KARPE PRAKHAR MOHAN, LEARNED COUNSEL)

                           AND
                           1.    THE STATE OF MADHYA PRADESH SECRETARY
                                 VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    ENGINEER    IN    CHIEF PUBLIC  HEALTH
                                 ENGINEERING DEPARTMENT (PHE) VALLABH
                                 BHAWAN, BHOPAL (MADHYA PRADESH)

                           3.    CHIEF      ENGINEERING PUBLIC  HEALTH
                                 ENGINEERING DEPARTMENT UJJAIN (MADHYA
                                 PRADESH)

                           4.    EXECUTIVE    ENGINEER PUBLIC  HEALTH
                                 ENGINEERING   DEPARTMENT JAORA DIST.
                                 RATLAM (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (SHRI MUKESH PARWAL, LEARNED GOVT. ADVOCATE FOR
                           RESPONDENTS/STATE)

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

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 14-07-2023 18:12:58

In the present petition, the petitioner is claiming the minimum of the regular pay scale because of classification as permanent employee w.e.f. 21.02.2006 in the light of the judgment passed by the Apex Court in the case of Ramnaresh Rawat Vs. Ashwini Ray and others (2017) 3 SCC 436 and also the Circular dated 09.02.2023. The petitioner has submitted a representation Annexure P/6 dated 15.02.2023, however, the said representation has yet not been decided.

2. Considering the aforesaid grievance of the petitioner, the present petition is disposed off with a direction to the respondent No. 3 to consider and decide the representation of the petitioner within a period of two months from

the date of filing of representation along with the relevant record, Circulars and judgments of the Courts. If the petitioners are found to be entitled, the said benefit shall be granted to the petitioners. In case if the respondent No. 3 finds that they are not entitled for the said benefit, he shall pass a reasoned and speaking order.

3. With the aforesaid, the writ petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 14-07-2023 18:12:58