Prakash Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 4287 MP

                                                              1
                             IN    THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE ANAND PATHAK
                                                 ON THE 17 th OF MARCH, 2023
                                               WRIT PETITION No. 6240 of 2023

                            BETWEEN:-
                            PRAKASH SINGH S/O LATE SHRI SHAMBHU SINGH,
                            AGED ABOUT 65 YEARS, OCCUPATION: RETIRED
                            METHA, R/O VILLAGE LOHARPURA, MOO TEHSIL
                            GOHAD, BHIND (MADHYA PRADESH)

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

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

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

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

                            4.    EXECUTIVE ENGINEER, EXECUTIVE ENGINEER,
                                  PUBLIC   WORKS     DEPARTMENT SAMBHAG
                                  GOHAD BHIND (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                            (BY SHRI VIJAY SUNDARAM - 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 Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 3/17/2023 9:07:31 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 Metha 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 Metha 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 wager as Metha in the respondents department. He was classified as permanent employee on the post of Metha 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: VIJAY TRIPATHI Signing time: 3/17/2023 9:07:31 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.

(ANAND PATHAK) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 3/17/2023 9:07:31 PM