Kalu Ram vs The State Of Madhya Pradesh
2023 Latest Caselaw 3651 MP

                                  1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
      HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                      ON THE 1 st OF MARCH, 2023
                   WRIT PETITION No. 4578 of 2023

BETWEEN:-
KALU RAM S/O SHRI MANGI LAL KORI, AGED ABOUT
53 YEARS, OCCUPATION : SERVICE, KATRA MOHALLA,
WARD NO. 1, RAGHOGARH DISTRICT GUNA (MADHYA
PRADESH)

                                                                .....PETITIONER
(BY SHRI B.P.SINGH - ADVOCATE)

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

2.    ENGINEER-IN-CHIEF,     PUBLIC     WORKS
      DEPARTM ENT, 27-28, FIRST FLOOR, NIRMAN
      BHAWAN, ARERA HILLS, BHOPAL (MADHYA
      PRADESH)

3.    CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT,
      (NORTH ZONE) THATIPUR, MORAR, GWALIOR
      (MADHYA PRADESH)

4.    EXECUTIVE   ENGINEER    PUBLIC   WORKS
      DEPARTMENT, GUNA DIVISION GUNA (MADHYA
      PRADESH)

                                                             .....RESPONDENTS
(BY SHRI S.K.SHARMA - GOVT. 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 following reliefs:-

(i) That, a direction may kindly be given to the respondents to pay the salary as per graded pay scale of the post of Mession -II to the petitioner from the date of his classification as per terms of order of Hon'ble Supreme Court passed in the case of Ram Naresh Rawat.

(ii) Any other relief, which this Hon'ble Court may deem fit and proper, may also be given to the petitioner.

It is submitted by the counsel for the petitioner that petitioner was employed as daily wages as Mession - II in the respondents department. He was classified as permanent employee on the post of Mession -II by order dated 03.11.2009. 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 dated 03.11.2009 Accordingly, if the classification is intact and if he files a representation before the authorities for grant of minimum pay scale from 03.11.2009 till the benefit of Sthaikarmi is given to him, 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).

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

(G.S. AHLUWALIA) JUDGE AK/-

ANAND KUMAR 2023.03.01 20:20:04 +05'30'