Ramcharan Jatav vs The State Of Madhya Pradesh
2023 Latest Caselaw 9612 MP

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                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE ANAND PATHAK
                                               ON THE 26 th OF JUNE, 2023
                                            WRIT PETITION No. 14065 of 2023

                          BETWEEN:-
                          RAMCHARAN JATAV S/O SHRI SARUA JATAV, AGED 63
                          Y E A R S , OCCUPATION: RETIRED    CLASSIFIED
                          EMPLOYEES R/O 206 KAIRUA MAGRONI DISTRICT
                          SHIVPURI (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI S.N. SETH- ADVOCATE)

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

                          2.    THE ENGINEER IN CHIEF WATER RESOURCE
                                DEPARTMENT     MADHYA     PRADESH JAL
                                SANSHADHAN BHAWAN TULSI NAGAR, BHOPAL
                                (MADHYA PRADESH)

                          3.    THE CHIEF ENGINEER YAMUNA BASIN WRD
                                THATIPUR   MORAR,  DISTRICT GWALIOR
                                (MADHYA PRADESH)

                          4.    THE   EXECUTIVE   ENGINEER HARSI WATER
                                RESOURCES DEPARTMENT DIVISION DABRA,
                                DISTRICT GWALIOR (MADHYA PRADESH)

                          5.    SUB DIVISIONAL OFFICER WRD SUB-DIVISION
                                DABRA , DISTRICT GWALIOR      (MADHYA
                                PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI MAN SINGH JADON- GOVERNMENT ADVOCATE FOR STATE)

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

Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 6/27/2023
11:23:55 AM
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                          following:
                                                               ORDER

This petition under Article 226 of the Constitution of India has been filed seeking following reliefs:

1. That, a direction may kindly be given to the respondents to pay the minimum pay scale of the classified post as per graded pay scale from the date of classification as held by Hon'ble Supreme Court in the case of Ramnaresh Rawat (supra).

2. Cost may also be ordered;

3. Any other relief which this Hon'ble Court may kindly be deem fit may kindly be granted.

It is submitted by the counsel for the petitioner that petitioner was

employed as daily wager on the post of labour in the respondents department. He was classified as permanent employee on the post of Labour by order (Annexure P/2). It is further submitted that now he has been declared as Sthaikarmi. However, in the light of judgment passed by Supreme Court in the case of Ram Naresh Rawat Vs. Ashwini Ray reported in 2017 (3) SCC 436, the benefit of minimum of regular pay scale without increment from the date of classification till extension of benefit of Sthaikarmi has not been paid and accordingly, it is submitted that the petitioner is entitled for the minimum of regular pay scale without increment for the aforementioned period.

Per contra, it is submitted by the counsel for the State that the petitioner is entitled for the minimum of the regular pay scale without increment from the date of his classification only.

Heard the learned counsel for the parties. The petitioner was classified by order (Annexure P/2). Accordingly, if the classification is intact and if he files a representation before the authorities for Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 6/27/2023 11:23:55 AM

grant of minimum pay scale from date of his classification till the benefit of Sthaikarmi is given to him, then the said representation shall be decided as early a s possible preferably within a period of one month from the date of representation in the light of judgment passed in the case of Ram Naresh Rawat (supra).

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

(ANAND PATHAK) JUDGE Vishal

Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 6/27/2023 11:23:55 AM