Kamal Kishore Sakyawar vs The State Of Madhya Pradesh
2023 Latest Caselaw 8945 MP

                                                            1
                          IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                     BEFORE
                                         HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                ON THE 16 th OF JUNE, 2023
                                             WRIT PETITION No. 160 of 2022

                         BETWEEN:-
                         KAMAL KISHORE SAKYAWAR S/O SHRI GANGARAM
                         SAKYAWAR, AGED ABOUT 49 YEARS, C-21/7, BASANT
                         VIHAR UJJAIN (MADHYA PRADESH)

                                                                                          .....PETITIONER
                         ( BY SHRI ADITYA JAIN-ADVOCATE)

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

                         2.    C O M M I S S I O N E R LAND RECORDS AND
                               BANDOBAST GWALIOR (MADHYA PRADESH)

                         3.    TREASURY     OFFICER DIRECTORATE  OF
                               TREASURY AND ACCOUNTS UJJAIN (MADHYA
                               PRADESH)

                         4.    COMPETENT        AUTHORITY URBAN               LAND
                               RECORDS UJJAIN (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                         ( BY SHRI KUSHAL GOYAL- GOVERNMENT ADVOCATE)

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

1. Petitioner has filed the present petition seeking benefit of 7th pay scale 01.01.2016.

2. According to the petitioner similar situated employees have been Signature Not Verified Signed by: PRAVEEN Signing time: 21-06-

2023 10:43:54

granted benefit of 7th Pay Commission in light of order passed by this Court in W.P. No.2510/2018 (Deepak Kumar Nagar Vs. Narmada Valley). The State Government has challenged the order by way of Writ Appeal No.1070/2020 which has been dismissed. The respondents have wrongly rejected the claim of the petitioner on the ground that he was Sthayikarmi and benefit of 7th Pay Commission is not implemented in case of Sthayikarmi. Issue raised by the petitioner is no more res integra. In case of Deepak Kumar Nagar (supra) this Court has held that daily wages employees who are getting minimum pay scale are entitled to get the benefit of 7th Pay Commission. The aforesaid judgment was affirmed by the Division Bench.

3. In view of above, Petition is allowed. Petitioner be given the benefit of 7th Pay Commission.

(VIVEK RUSIA) JUDGE Praveen

Signature Not Verified Signed by: PRAVEEN Signing time: 21-06-

2023 10:43:54