Bani Bai vs The State Of Madhya Pradesh
2023 Latest Caselaw 8416 MP

                                                             1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                              AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                  ON THE 12 th OF JUNE, 2023
                                              WRIT PETITION No. 11054 of 2023

                           BETWEEN:-
                           BANI BAI S/O LATE PURA LAL JI, AGED ABOUT 73
                           YEARS, OCCUPATION: HOUSE WIFE VILLAGE NARIYA
                           BUJURG, TEHSIL SHAMGARH, DISTT. MANDSAUR
                           (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI HARISH JOSHI - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY PUBLIC WORKS DEPTT. VALLABH
                                 BHAWAN, BHOPAL (MADHYA PRADESH)

                           2.    EXECUTIVE         ENGINEER PUBLIC  WORKS
                                 D E P A R T M E N T DIVISION    MANDSAUR,
                                 MANDSAUR (MADHYA PRADESH)

                           3.    DISTRICT   TREASURY   OFFICER DISTRICT
                                 MANDSAUR (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI RAJWARDHAN GAWDE - G.A.FOR RESPONDENTS ON
                           ADVANCE NOTICE)

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

The grievance of the petitioner is that the petitioner is not being granted the benefit of revised pay scales of her husband. The petitioner's husband has expired on 20.6.2016. The husband of the petitioner had filed a case before the Labour Court and the same was allowed by award dated 26.10.2002 by which Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 12-06-2023 18:02:39

he was directed to be classified as permanent employee and to grant all the benefits of classified employee. It is further submitted that as per the judgment of the Apex Court in the case of Ramnaresh Rawat Vs. Ashwini Ray and others (2017) 3 SCC 436 the petitioner is entitled for minimum of the pay scale and revision of pay scales. The petitioner further relies on an order passed by co-ordinate bench of this court in Con.C. No.2693/2019 and other connected petitions dated 15.2.2022. The petitioner has already submitted a representation before the respondent No.2 on 8.8.2022.

2. After hearing learned counsel for parties and taking into consideration the fact that the representation of the petitioner is pending, the present petition is

disposed off with a direction to the respondent No.2 to consider and decide the representation of the petitioner in accordance with law by passing a reasoned and speaking order within a period of three months from the date of communication of the order and if the petitioner is found to be entitled for the claims, the same shall be paid to her in accordance with law. It would be open for the petitioner to file copy of the judgments and other documents on which the petitioner proposes to rely in support of her representation.

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

(VIJAY KUMAR SHUKLA) JUDGE VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 12-06-2023 18:02:39