Madhya Pradesh High Court
Smt. Maya Mishra vs The State Of Madhya Pradesh on 8 September, 2023
Author: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 8 th OF SEPTEMBER, 2023
WRIT PETITION No. 22251 of 2023
BETWEEN:-
1. SMT. MAYA MISHRA W/O LATE SHRI MRIGANK
MOHAN MISHRA, AGED ABOUT 57 YEARS,
OCCUPATION: HOUSEWIFE R/O H.NO. 408 WARD
NO. 4 BEHIND NAGAR PALIKA OLD HAAT
MAIDAN DISTT. SHAJAPUR (MADHYA PRADESH)
2. SMT. GANGA BAI BARETHA W/O LATE SHRI
KISHORI LAL BARETHA, AGED ABOUT 58 YEARS,
OCCUPATION: HOUSEWIFE NEAR MAAKAN NAKA
WARD NO. 5 CHOUMA SHAJAPUR (MADHYA
PRADESH)
3. SMT. NAINI BAI BANJARA W/O LATE SHRI
LAXMINARAYAN BANJARA, AGED ABOUT 53
YEARS, OCCUPATION: HOUSEWIFE WARD NO. 17,
JALODA SHAJAPUR (MADHYA PRADESH)
4. OM GIRI GOSWAMI S/O LATE SHRI BADRI GIRI
GOSWAMI, AGED ABOUT 37 YEARS,
OCCUPATION: SERVICE WARD NO. 2, BHUGOR
SHAJAPUR (MADHYA PRADESH)
5. SMT. ALPANA DAULATABADKAR W/O LATE SHRI
SUNIL KUMAR DAULATABADKAR, AGED ABOUT
53 YEARS, OCCUPATION: HOUSEWIFE HOUSE NO.
5, WARD NO. 2, KILLA MOHALLA DIST. SHAJAPUR
(MADHYA PRADESH)
6. SMT. HUSSAINI BEE W/O LATE SHRI GAFFAR
KHAN, AGED ABOUT 57 YEARS, OCCUPATION:
HOUSEWIFE HOUSE NO. 46 WARD NO. 6 NEAR
MASJID SHUJALPUR CITY DIST. SHAJAPUR
(MADHYA PRADESH)
7. SMT. IRFANA BEE S/O SHAFIK KHAN, AGED
ABOUT 51 YEARS, OCCUPATION: HOUSEWIFE
HOUSE NO. 162, WARD NO. 3, MALKAPURA
SHUJALPUR DIST. SHAJAPUR (MADHYA
PRADESH)
Signature Not Verified
Signed by: VARSHA SINGH
Signing time: 08-09-2023
17:48:26
2
8. SHAKILA BEE W/O LATE SHRI ASGAR KHAN,
AGED ABOUT 55 YEARS, OCCUPATION:
HOUSEWIFE HOUSE NO. 14, WARD NO. 4, MASJID
KE PASS SHUJALPUR CITY DIST. SHAJAPUR
(MADHYA PRADESH)
9. SAZIDA BEE W/O LATE SHRI PEER MOHAMMAD,
AGED ABOUT 61 YEARS, OCCUPATION:
HOUSEWIFE HOUSE NO. 174, WARD NO. 1,
MALAKPURA SHUJALPUR CITY DIST. SHAJAPUR
(MADHYA PRADESH)
10. MUSHARRAF KHAN S/O LATE SHRI MANZOOR
KHAN, AGED ABOUT 24 YEARS, OCCUPATION:
SERVICE WARD NO. 26, AHMAD NAGAR
SHAJAPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI RANJEET SEN, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY PUBLIC HEALTH ENGINEERING
DEPARTMENT VALLABH BHAWAN DISTRICT
BHOPAL (MADHYA PRADESH)
2. ENGINEER IN CHIEF PUBLIC HEALTH
ENGINEERING DEPARTMENT JAL BHAWAN
BANGANGA ROAD T.T. NAGAR BHOPAL
(MADHYA PRADESH)
3. CHIEF ENGINEER PUBLIC HEALTH ENGINEERING
DEPARTMENT INDORE (MADHYA PRADESH)
4. EXECUTIVE ENGINEER PUBLIC HEALTH
ENGINEERING DEPARTMENT SHAJAPUR
DIVISION DIST. SHAJAPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADYUMNA KIBE, PANEL LAWYER.
This petition coming on for admission this day, th e court passed the
following:
ORDER
The issue involved in this Writ Petition has already been considered by
Signature Not Verified
Signed by: VARSHA SINGH
Signing time: 08-09-2023
17:48:26
this Court W.P. No.11036/2023 dated 12.05.2023, same is reproduced below:
''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
( 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.
I t 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 Supreme Court in the case of Ram Naresh
Raw at (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
Signature Not Verified
Signed by: VARSHA SINGH
Signing time: 08-09-2023
17:48:26
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.''
Accordingly, present Writ Petition stands disposed of and the dated
12.05.2023 passed in W.P. No.11036/2023 shall be applicable mutatis
mutandis in the present case also.
Signature Not Verified
Signed by: VARSHA SINGH
Signing time: 08-09-2023
17:48:26
(VIVEK RUSIA)
JUDGE
VS
Signature Not Verified
Signed by: VARSHA SINGH
Signing time: 08-09-2023
17:48:26
