Ram Prakash vs The State Of Madhya Pradesh
2023 Latest Caselaw 3740 MP

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                                ON THE 2 nd OF MARCH, 2023
                                              WRIT PETITION No. 5320 of 2023

                           BETWEEN:-
                           RAM PRAKASH S/O LATE SHRI BHAGEERATH, AGED 63
                           YEARS, R/O VILLAGE KHADER, TEHSIL GOHAD, BHIND
                           (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI DEVESH SHARMA- ADVOCATE)

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

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

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

                           4.    EXECUTIVE        ENGINEER       PUBLIC      WORKS
                                 D E PA R T M E N T SAMBHAG       GOHAD      BHIND
                                 (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (SHRI SUSHANT TIWARI- GOVERNMENT ADVOCATE FOR THE
                           RESPONDENT/STATE)

                                 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 bee filed Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 02-03-2023 06:42:37 PM

seeking following reliefs:

7.1 That, a direction may kindly be given to the respondents to give the service benefit and minimum pay scale of the post of the permanent classified Labour from the date of his classification as permanent employee to the petitioner. And pay the arrears of salary on fixation of pay along with all consequence benefits with interest from the date of his Classification.

7.2 That, the respondents may further be directed to treat the petitioner at par with their similarly placed co-employees with seniority and consequential benefits on the post of Labour from the date of his Classification. 7 . 3 That, any other relief, which this Hon'ble Court may deem fit and proper may also be given to the petitioner along with costs.

It is submitted by the counsel for the petitioner that petitioner was employed as daily wages as Labour in the respondents department. He was classified as permanent employee on the post of Labour by order dated 19.06.2008. 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 19.06.2008. Accordingly, if Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 02-03-2023 06:42:37 PM

the classification is intact and if he files a representation before the authorities for grant of minimum pay scale from 19.06.2008 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 Avi

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 02-03-2023 06:42:37 PM