Madhya Pradesh High Court
Ramsevak Choubey vs The State Of Madhya Pradesh on 20 November, 2023
Author: Vinay Saraf
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VINAY SARAF
ON THE 20 th OF NOVEMBER, 2023
WRIT PETITION No. 26439 of 2023
BETWEEN:-
1. RAMSEVAK CHOUBEY S/O SHRI NAND KISHORE
CHOUBEY, AGED ABOUT 61 YEARS, OCCUPATION:
HELPER (PERMANENT EMPLOYEE) MACHA
DISTRIBUTION WATER RESOURCES SUB
DIVISION PIPARIA DISTRICT NARMADAPURAM
(MADHYA PRADESH)
2. MOOLCHAND S/O SHRI CHINDAMI LAL, AGED
ABOUT 57 YEARS, OCCUPATION: MALI MACHA
DISTRIBUTION WATER RESOURCES SUB
DIVISION PIPARIA DISTRICT NARMADAPURAM
(MADHYA PRADESH)
3. RAM PRASAD S/O MOHANLAL, AGED ABOUT 57
Y E A R S , OCCUPATION: COOK MACHA
DISTRIBUTION WATER RESOURCES SUB
DIVISION PIPARIA DISTRICT NARMADAPURAM
(MADHYA PRADESH)
4. BALAKDAS S/O SHRI JAGANNATH, AGED ABOUT
63 YEARS, OCCUPATION: CHOWKIDAR (RETIRED)
BHILADIYA DISTRIBUTION WATER RESOURCES
SUB DIVISION SEONI MALWA (MADHYA
PRADESH)
5. ANAND KUMAR MEHTA S/O SHRI TARACHAND
MEHTA, AGED ABOUT 59 YEARS, OCCUPATION:
DAILKYWLAGER (PERMANENT EMPLOYEE)
MACHA DISTRIBUTION WATER RESOURCES SUB
DIVISION SEONI MALWA (MADHYA PRADESH)
6. SUNDERLAL S/O SHRI RAMDEEN, AGED ABOUT
63 YEARS, OCCUPATION: COWKIDAR MAKDAI
DISTRIBUTION WATER RESOURCES SUB
DIVISION SEONI MALWA (MADHYA PRADESH)
7. RAJRAM MALVIYA S/O SHRI LAXMI NARAYAN
MALVIYA, AGED ABOUT 58 YEARS, OCCUPATION:
COWKIDAR BHILADIYA DISTRIBUTION WATER
Signature Not Verified
Signed by: PREETI TIWARI
Signing time: 11/22/2023
12:48:53 PM
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RESOURCES SUB DIVISION SEONI MALWA
(MADHYA PRADESH)
8. RAMVILASH S/O SHRI KEDAR SINGH, AGED
ABOUT 57 YEARS, OCCUPATION: COWKIDAR
BHILADIYA DISTRIBUTION WATER RESOURCES
SUB DIVISION SEONI MALWA (MADHYA
PRADESH)
9. RAJARAM S/O SHRI BABULAL, AGED ABOUT 63
YE A R S , OCCUPATION: COWKIDAR (RETIRED)
RAIGARH DISTRIBUTION WATER RESOURCES
SUB DIVISION SEONI MALWA (MADHYA
PRADESH)
10. GANESH PRASAD S/O SHRI KISHORI LAL, AGED
ABOUT 67 YEARS, OCCUPATION: (PERMANENT
EMPLOYEE RETIRED) MISROD DISTRIBUTION
WATER RESOURCES SUB DIVISION SEONI
MALWA (MADHYA PRADESH)
11. ASHOK KUMAR MALVIYA S/O SHRI BABULAL
MALVIYA, AGED ABOUT 58 YEARS, OCCUPATION:
KADIMAN/AMEEN BHILADIYA DISTRIBUTION
WATER RESOURCES SUB DIVISION SEONI
MALWA DIVN. OFFICE SEONI MALWA (MADHYA
PRADESH)
12. TEJRAM KUSHWAHA S/O SHRI SALIGRAM
KUSHWAHA, AGED ABOUT 62 YEARS,
OCCUPATION: (PERMANENT EMPLOYEE) HARDA
SUB CANAL WATER RESOURCES SUB DIVISION
TIMERNI DISTRICT HARDA (MADHYA PRADESH)
13. RAJESH PURI GOSWAMI S/O SHRI BHAGWAN
PURI GOSWAMI, AGED ABOUT 46 YEARS,
OCCUPATION: CHOWKIDAR/AMEEN HARDA SUB
CANAL WATER RESOURCES SUB DIVISION
TIMERNI DISTRICT HARDA (MADHYA PRADESH)
14. RAM BHUWAN PATEL S/O SHRI YAMUNA
PRASAD, AGED ABOUT 60 YEARS, OCCUPATION:
OFFICE ASSISTANT / AMEEN O/O EXECUTIVE
ENGINEER BRANCH HANDIYA WATER
RESOURCES DIVISION TIMERNI DISTRICT
HARDA (MADHYA PRADESH)
15. SURESH KUMAR GAUR S/O SHRI RADHEYSHYAM
GAUR, AGED ABOUT 57 YEARS, OCCUPATION:
GANJ READER REWAPURA SUB CANAL WATER
RESOURCES SUB DIVISION HARDA DISTRICT
HARDA (MADHYA PRADESH)
Signature Not Verified
Signed by: PREETI TIWARI
Signing time: 11/22/2023
12:48:53 PM
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16. GOKUL SINGH KIRAR S/O LATE SHRI
MITHTHULAL KIRAR, AGED ABOUT 58 YEARS,
OCCUPATION: (PERMANENT EMPLOYEE SEMI
SKILLED HELPER) O/O SUB DIVISIONAL OFFICER
LIGHT MACHINERY TUBE WELL AND GATE SUB
DIVN. NO.2, GADARWARA DISTRICT
NARSINGHPUR (MADHYA PRADESH)
17. GOKUL SINGH KIRAR S/O LATE SHRI
MITHTHULAL KIRAR, AGED ABOUT 58 YEARS,
OCCUPATION: (PERMANENT EMPLOYEE SKILLED
STORE ASSISTANT) O/O SUB DIVISIONAL OFFICE
LIGHT MACHINERY TUBE WELL AND GATE SUB
DIVN. NO.2, GADARWARA DISTRICT
NARSINGHPUR (MADHYA PRADESH)
18. BIHARILAL S/O HALKE VEER KATIYA, AGED
ABOUT 70 YEARS, OCCUPATION: CHOWKIDAR
O/O SUB DIVISIONAL OFFICER SANKUL
DISTRIBUTION SUB DIVN. SOHAGPUR TAHSIL
PIPARIYA DISTRICT NARSINGHPUR (MADHYA
PRADESH)
19. SMT. SHAKUN BAI W/O LATE SHRI RAM GOPAL
BELWANSHI, AGED ABOUT 63 YEARS,
OCCUPATION: HOUSE WIFE (HUSBAND WAS
PERMANENT EMPLOYEE) O/O SUB DIVISIONAL
OFFICER SANKLAL DISTRIBUTION SUB DIVN.
SOHAGPUR TAHSIL PIPARIA DISTRICT
NARSINGHPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI AMIT KUMAR TIWARI-ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY WATER RESOURCES
DEPARTMENT MANTRALAYA, VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. THE ENGINEER IN CHIEF WATER RESOURCES
D E PA R T M E N T NEAR COLLECTOR OFFICE
NARMADAPURAM (MADHYA PRADESH)
3. THE CHIEF ENGINEER WATER RESOURCES
D E PA R T M E N T NEAR COLLECTOR OFFICE
NARMADAPURAM (MADHYA PRADESH)
4. THE EXECUTIVE ENGINEER WATER RESOURCES
Signature Not Verified
Signed by: PREETI TIWARI
Signing time: 11/22/2023
12:48:53 PM
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DIVISION P.B.C. CANAL DIVISION SOHAPUR
DISTRICT NARMADAPURAM (MADHYA
PRADESH)
5. THE EXECUTIVE ENGINEER WATER RESOURCES
DIVISION SEONI MALWA (MADHYA PRADESH)
6. THE EXECUTIVE ENGINEER WATER RESOURCES
DIVISION TIMERNI DISTRICT HARDA (MADHYA
PRADESH)
7. THE CHIEF ENGINEER WATER RESOURCES
D EPARTM EN T VANGANGA KACHHAR SEONI
(MADHYA PRADESH)
8. THE EXECUTIVE ENGINEER WATER RESOURCES
D IVIS ON HIRAN DIVN. PACHPEDI JABALPUR
(MADHYA PRADESH)
9. THE SUB DIVISIONAL OFFICER WATER
RESOURCES DIVISION LIGHT MACHINERY TUBE
WELL AND GATE SUB DIVN. GADARWARA
DISTRICT NARSINGHPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ANKIT AGRAWAL- GOVT. ADVOCATE )
This petition coming on for admission this day, th e court passed the
following:
ORDER
With the consent of parties, the matter is heard finally.
This petition under Article 226 of the Constitution of India has been filed
seeking following reliefs:
"1. Kindly be pleased to direct the respondents to give the
benefits of regular/minimum pay scale to the petitioners of
the post of skilled/semi-skilled employees on which the
petitioners are working since 2006 in pursuant to order
dated 31.1.2011 (Annexure P-1 & P-2) and pay the
difference of arrears on fixation of pay from the date of such
classification along with interest @18% per annum as per
law laid down by the Hon'ble Apex Court in the case of Ram
Naresh Rawat Vs. Ashwini Ray & Ors. Contempt Petition
Signature Not Verified
Signed by: PREETI TIWARI
Signing time: 11/22/2023
12:48:53 PM
(civil) No.771/2015 in S.L.P.No.25284/2012.
2. Kindly be pleased to direct the respondents to make the
petitioners as member of GPF by regularising their
services.
3. Kindly be pleased to issue any other order or directions
looking to the facts and circumstances of the case in favour
of petitioner and be pleased to award cost of litigation in
favour of petitioners."
It is submitted by learned counsel for the petitioners that the petitioners
were employees as daily-wage labourers in the respondent's department. They
were classified as permanent employee by the order passed by the respondents.
It is further submitted that now they have been declared as Ishthai Karmi vide
order dated 28.11.2016 and they are entitled for the benefit of minimum of
regular pay scale from the date of classification till the extension of benefit of
Ishthai Karmi which has not been paid to them and accordingly, the present
petition has been preferred.
The petitioner has relied upon the judgment passed by the Apex Court in
the case of Ram Naresh Rawat Vs. Ashwini Ray (2017) 3 SCC 436 and
submitted that petitioners will be satisfied if suitable directions are issued to the
respondents to consider the representation submitted by the petitioners on
5.12.2022 in the light of judgment passed in the case of Ram Naresh Rawat
(supra). It is also submitted that coordinate Benches in W.P.No.25589/2022
(Manohar Singh Yadav & Ors. Vs. State of M.P. & Ors.),
W.P.No.6646/2023 (Omprakash Soni & Ors. Vs. State of M.P. & Ors.),
W.P.No.21069/2022 (Rajnirman Vibhag Karmachari Sangh Madhya
Pradesh & Anr. Vs. State of MP & Anr.) have issued directions to consider
the representations of the similarly situated employees.
Considering the aforesaid, this petition is disposed of by directing the
Signature Not Verified
Signed by: PREETI TIWARI
Signing time: 11/22/2023
12:48:53 PM
respondent no.2. Engineer-in-Chief, Water Resources Department,
Narmadapuram MP to consider the representation of the petitioners and decide
the issue of entitlement of the minimum of regular payscale without increment
from the date of their classification till the date of declaration as Ishthyi Karmi
and pass a speaking order in accordance with law within a period of two
months from the date of receipt of certified copy of this order.
It is made clear that this Court has not expressed any opinion on the
merits of the case.
With the aforesaid direction, the petition is disposed of.
(VINAY SARAF)
JUDGE
P/-
Signature Not Verified
Signed by: PREETI TIWARI
Signing time: 11/22/2023
12:48:53 PM
