Kallu Baiga vs The State Of Madhya Pradesh ...
2023 Latest Caselaw 9795 MP

                                                       1
                           IN    THE    HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                   BEFORE
                                   HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                             ON THE 28 th OF JUNE, 2023
                                          WRIT PETITION No. 13305 of 2023

                          BETWEEN:-
                          1.    KALLU BAIGA S/O SHRI DUKKHU BAIGA, AGED
                                ABOUT    62  YEARS, OCCUPATION: RETIRED
                                STHAYI KARMI KUSHAL SHRENI VILLAGE WARD
                                NO. 13 VILLAGE CHATVAI HANUMAN MANDIR
                                TOLA CHATWAI SHAHDOL (MADHYA PRADESH)

                          2.    SURESH PRASAD MISHRA S/O SHRI LALAN RAM
                                MISHRA, AGED ABOUT 62 YEARS, OCCUPATION:
                                RETIRED STHAI KARMI ARDHUKUSHAL SHRENI
                                R/O VILLAGE GRAM POST BANSA DISTRICT
                                (MADHYA PRADESH)

                                                                            .....PETITIONERS
                          (BY SHRI Y.S. BAGHEL - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                PRINCIPAL   SECRETARY   PUBLIC    WORKS
                                DEPARTMENT      MANTRALAY      PRINCIPAL
                                SECRETARY VALLABH      BHAVAN,   BHOPAL
                                (MADHYA PRADESH)

                          2.    ENGINEER    IN     CHIEF  PUBLIC WORKS
                                D EPARTM EN T 27-28 FIRST FLOOR NIRMAN
                                BHAWAN ARERA HILLS (MADHYA PRADESH)

                          3.    SUPERINTENDENT ENGINEER PUBLIC WORKS
                                D EPARTM EN T SHAHDOL DIVISION (MADHYA
                                PRADESH)

                          4.    EXECUTIVE    ENGINEER    PUBLIC  WORKS
                                D EPARTM EN T DIVISION SHAHDOL (MADHYA
                                PRADESH)

                          5.    SUB DIVISIONAL OFFICER PUBLIC WORKS
                                D EPARTM EN T SHAHDOL DIVISION (MADHYA
                                PRADESH)
Signature Not Verified
Signed by: PRADYUMNA
BARVE
Signing time: 6/30/2023
10:49:36 AM
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                                                                                                          .....RESPONDENTS
                          (BY SHRI SUBODH KATHAR - GOVERNMENT ADVOCATE)

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

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

7.1 That the Hon'ble Court may be pleased to issue a writ of Mandamus commanding the respondents to pay minimum pay scale since the date when petitioners were classified as permanent employee and also pay the arrears of salary from the said date along with all

consequential benefits in the interest of justice.

7.2 That it is, therefore, prayed that this Hon'ble Court kindly be pleased to call for the entire service records in the interest of justice.

7.3 Any other relief/order or directions as this Hon'ble Court deems fit and proper looking to the facts and circumstances of the case deemed fit and proper in the interest of justice may be please be awarded along with the cost of proceedings.

2. It is submitted by the counsel for the petitioners that they were employed as daily wage employees in the respondents department. They were classified as permanent employees on 1.9.2016 as per order contained in (Annexure P-1). It is further submitted that now they have 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 petitioners are entitled for the minimum Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 6/30/2023 10:49:36 AM

of regular pay scale without increment for the aforementioned period.

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

4. Heard the learned counsel for the parties.

5. The petitioners were classified by order dated 1.9.2016. Accordingly, if the classification is intact and if they file a representation before the authorities for grant of minimum pay scale from 1.9.2016 till the benefit of Sthaikarmi is given to them, then the said representation shall be decided as early as 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).

7. It is made clear that this Court has not expressed any view on the merit of the case and the competent authority shall be at liberty to deal with the representation, in its own wisdom, in accordance with law.

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

(MANINDER S. BHATTI) JUDGE PB

Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 6/30/2023 10:49:36 AM