Madhya Pradesh High Court
Rameshwar Tailor vs The State Of Madhya Pradesh on 12 May, 2023
Author: Pranay Verma
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 12 th OF MAY, 2023
WRIT PETITION No. 11036 of 2023
BETWEEN:-
1. RAMESHWAR TAILOR S/O SHRI CHHITARMAL
TAILOR, AGED ABOUT 56 YEARS, OCCUPATION:
SERVICE R/O H.NO. 107 WARD NO. 6 BAJAR
MOHALLA POST BADAGAON DISTT. AGAR-
MALWA (MADHYA PRADESH)
2. SADAR MOHAMMAD S/O SHRI AKRAM KHAN,
AGED ABOUT 58 YEARS, OCCUPATION: SERVICE
HOUSE NO. 391, WARD NO. 23, AASHTA MARG,
FREE GANJ SHUJALPUR MANDI, DIST. SHAJAPUR
(MADHYA PRADESH)
3. ASLAM MOHAMMAD QURESHI S/O SHRI ABDUL
RAJJAK QURESHI, AGED ABOUT 64 YEARS,
OCCUPATION: RETIRED HOUSE NO. 02, CHOTA
TAKIYA GALI, AGAR MALWA DIST. AGAR MALWA
(MADHYA PRADESH)
4. AAJAM ALI S/O SHRI AZAD ALI, AGED ABOUT 53
YEARS, OCCUPATION: SERVICE HOUSE NO. 16,
WARD NO. 08 DIST. AGAR MALWA (MADHYA
PRADESH)
5. RAM NATH SINGH S/O SHRI BHAGWAN SINGH,
AGED ABOUT 62 YEARS, OCCUPATION: SERVICE
HOUSE NO. 101, WARD NO. 04, GRAM DHANOLA,
TEHSIL NALKHEDA, DIST. AGAR MALWA
(MADHYA PRADESH)
6. RAMESH GIR S/O SHRI SHYAM GIR, AGED ABOUT
54 YEARS, OCCUPATION: SERVICE GRAM AND
POST NIPANIYA BAINATH DIST. AGAR MALWA
(MADHYA PRADESH)
7. BHAGWAN LAL MALVIYA S/O SHRI BAPU LAL
MALVIYA, AGED ABOUT 57 YEARS, OCCUPATION:
SERVICE HOUE NO. 90/2, WARD NO. 12
PIPLONKALN, DISTT. AGAR MALWA (MADHYA
PRADESH)
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 5/12/2023
6:35:55 PM
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8. VIKRAM SINGH CHANDRAWAT S/O SHRI
BHAGWANI SINGH, AGED ABOUT 61 YEARS,
OCCUPATION: SERVICE WARD NO. 7, GUNDI
KALAN, AGAR MALWA (MADHYA PRADESH)
9. GRAN CHANDRA AIN S/O SHRI RATAN LAL JAIN,
AGED ABOUT 60 YEARS, OCCUPATION: SERVICE
HOUSE NO. 354,/1, WARD NO. 8, NEAR-5 PULIYA,
SUSNER, AGAR MALWA (MADHYA PRADESH)
10. RAMEEJ KHAN S/O SHRI PEER KHAN, AGED
ABOUT 67 YEARS, OCCUPATION: RETIRED H.NO.
177, WARD NO. 7, SADAR BAZAR TANODIYA, DIST.
AGAR MALWA (MADHYA PRADESH)
11. LAAL SINGH S/O SHRI PRAHLAD SINGH, AGED
ABOUT 64 YEARS, OCCUPATION: RETIRED WARD
NO. 19, BIL GOTHADA, TEHSIL NALKHEDA DIST.
AGAR MALWA (MADHYA PRADESH)
12. SANTOSH SHARMA S/O SHRI KANHAIYALAL
SHARMA, AGED ABOUT 55 YEARS, OCCUPATION:
SERVICE WARD NO. 08, NOORPURA, SHUJALPUR
CITY, DIST. SHAJAPUR (MADHYA PRADESH)
13. PREM CHAND JAIN S/O SHRI SAGARMAL JI JAIN,
AGED ABOUT 58 YEARS, OCCUPATION: SERVICE
HOUSE NO. 387, WARD NO. 7, BADOD KASBA,
DIST. AGAR MALWA (MADHYA PRADESH)
14. PREMNARAYAN MAKVANA S/O SHRI BHANWARI
LAL MAKWANA, AGED ABOUT 52 YEARS,
OCCUPATION: SERVICE HOUSE NO. 28, WARD NO.
15, MAKWANA GALI BADOD, AGAR MALWA
(MADHYA PRADESH)
15. GOVIND SHARMA S/O SHRI GAJANAND SHARMA,
AGED ABOUT 67 YEARS, OCCUPATION: RETIRED
WARD NO. 13, AYODHYA BASTI, AGAR MALWA
(MADHYA PRADESH)
.....PETITIONER
(SHRI RANJEET SEN, ADVOCATE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, PUBLIC HEALTH
ENGINEERING DEPARTMENT, SATPURA
BHAWAN, BHOPAL (MADHYA PRADESH)
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 5/12/2023
6:35:55 PM
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2. THE ENGINEER IN CHIEF PUBLIC HEALTH
ENGINEERING DEPARTMENT JAL BHAWAN,
BANGANGA ROAD, T.T. NAGAR, BHOPAL
(MADHYA PRADESH)
3. THE CHIEF ENGINEER PUBLIC HEALTH
ENGINEERING DEPARTMENT INDORE ZONE,
INDORE (MADHYA PRADESH)
4. EXECUTIVE ENGINEER, PUBLIC HEALTH
ENGINEERING DEPARMENT AGAR MALWA DIST.
AGAR MALWA (MADHYA PRADESH)
.....RESPONDENTS
(SHRI ANENDRA SINGH PARIHAR, GOVERNMENT ADVOCATE FOR THE
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 been filed
by the petitioner seeking the following relief :
(a) That, the impugned inaction and omission on the Annexure P/2 of the respondents
may kindly be declared as illegal.
(b) That, the respondents may kindly be directed to give the benefit of
regular/minimum pay scale of the post on which the petitioners are working and
classified permanent employees with effect from 03.02.2003, and pay the difference
of arrears on fixation of pay from the date of classification along with interest at the
rate of 18% per annum. As per the law laid down by Hon'ble Supreme Court in the
case of Ram Naresh Rawat v/s Ashswani Ray, reported in (2017) 3 SCC 436.
(c) That, the respondents may kindly be directed to regularise the service of the
petitioners and make the member of GPF and pensionable service.
(d) Any other relief that this Hon'ble Court deems fit may kindly be granted.
It is submitted that by the counsel for the petitioners that they were
employed as 'Daily Wagers' on different posts in respondent department. They
were classified as permanent employees on those posts by various orders
passed in the year 2013. It is further submitted that they now have been
declared as 'Sthaikarmi'. However, in the light of the judgment passed by the
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 5/12/2023
6:35:55 PM
Supreme Court in the case of Ram Naresh Rawat (supra), 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 respondent/State that the
petitioners are entitled for minimum of regular pay scale without increment from
the date of their classification only.
Heard the learned counsel for the parties.
The petitioners were classified by different orders passed in the year
2013. Accordingly, if the classification is intact and if they file separate
representations before the authorities for grant of minimum pay scale from
03.02.2003 till the benefit of Sthaikarmi is given to them, then the
representations shall be decided as early as possible and in any case within a
period of three months from the date of representation in the light of judgment
passed in the case of Ram Naresh Rawat (supra).
With aforesaid direction, the petition stands disposed of.
(PRANAY VERMA)
JUDGE
vidya
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 5/12/2023
6:35:55 PM
