Latura vs The State Of Madhya Pradesh
2023 Latest Caselaw 4164 MP

                             1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                          BEFORE
              HON'BLE SHRI JUSTICE ROHIT ARYA
                  ON THE 16 th OF MARCH, 2023
                 WRIT PETITION No. 1385 of 2023

BETWEEN:-
1.    LATURA S/O SHRI KASHIRAM, AGED 68 YEARS,
      OCCUPATION: RETIRED CLASSIFIED EMPLOYEE
      (S.N. 391 CLASSIFIED AS AKUSHAL THROUGH
      CLASSIFICATION LIST P/1) ARDHKUSHAL, P.W.D.
      DIVISION SHIVPURI R/O BAMORE, SHIVPURI
      (MADHYA PRADESH).

2.    KHARGA      S/O   JHINAA, AGED 66 YEARS,
      OCCUPATION: RETIRED CLASSIFIED EMPLOYEE
      (S.N. 349 CLASSIFIED AS AKUSHAL THROUGH
      CLASSIFICATION LIST P/1) ARDHKUSHAL, P.W.D.
      DIVISION SHIVPURI R/O SHIVPURI (MADHYA
      PRADESH).

3.    KALLU S/O RAGHUNATH, AGED 66 YEARS,
      OCCUPATION: RETIRED CLASSIFIED EMPLOYEE
      (S.N. 349 CLASSIFIED AS AKUSHAL THROUGH
      CLASSIFICATION LIST P/1) ARDHKUSHAL, P.W.D.
      DIVISION SHIVPURI R/O PEERONTH SHIVPURI
      (MADHYA PRADESH).

4.    HANNU S/O JAGAN PAL, AGED 68 YEARS,
      OCCUPATION: RETIRED CLASSIFIED EMPLOYEE
      (S.N. 343 CLASSIFIED AS AKUSHAL THROUGH
      CLASSIFICATION LIST P/1) ARDHKUSHAL, P.W.D.
      DIVISION SHIVPURI R/O DURGAPUR, SHIVPURI
      (MADHYA PRADESH).

5.    BAL CHAND S/O CHINTU, AGED 66 YEARS,
      OCCUPATION: RETIRED ARDHKUSHAL (S.N. 407
      CLASSIFIED    AS   AKUSHAL      THROUGH
      CLASSIFICATION LIST P/1) P.W.D. DIVISION
      SHIVPURI R/O PEERONTH, SHIVPURI (MADHYA
      PRADESH).

                                                    .....PETITIONER
(BY SHRI )

AND
                                      2
1.    STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL   SECRETARY  PUBLIC   WORKS
      DEPARTMENT,     MANTRALAYA,   VALLABH
      BHAWAN BHOPAL (MADHYA PRADESH)

2.    ENGINEER  IN   CHIEF,  PUBLIC   WORKS
      DEPARTMENT, BHOPAL (MADHYA PRADESH)

3.    CHIEF ENGINEER PUBLIC WORKS DEPARTMENT,
      DIVISION GWALIOR (MADHYA PRADESH)

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

                                                                .....RESPONDENTS
(BY SHRI ROHIT SHRIVASTAVA - PANEL LAWYER)

      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 reliefs:-

i) That, direction may kindly be given to the respondents to give the minimum pay scale of the post on which the petitioners were working as permanent classified employee w.e.f. order Annexure P/1 as a akushal Category till the date of sthaikarmi status. And the difference of pay the arrears of salary along with all consequence benefits with interest as held by Hon'ble Supreme Court order in Ram Naresh Rawat's case.

ii) That, the respondent may kindly be directed to treat the petitioners at par with their similarly placed co-employee with seniority and consequential benefits from the date of classification.

iii) Issue any other writ, order or direction in the nature of writ

under Article 226 of the Constitution of India as this Hon'ble Court may deem fit in facts and circumstances of case.

I t is submitted by the counsel for the petitioners that petitioners were employed as daily wager employees in the respondent-department. They were classified as permanent employee in Akushal Shramik Category by order dated 09.07.2007. Now the petitioners have retired from semi-skilled Sthaikarmi post after completion of 62 years of age. 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 of regular pay scale without increment for the aforementioned period.

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.

Heard the learned counsel for the parties. Petitioners were classified by order dated 09.07.2007. Accordingly, if they file a representation before the authorities for grant of minimum pay scale from 09.07.2007 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).

The respondents shall be free to consider the effect of delay and laches in approaching the Court as well as respondents.

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

(ROHIT ARYA) JUDGE yog

YOGESH VERMA 2023.03.20 VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00' 17:38:58 +05'30'