Durjan Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 21164 MP

Madhya Pradesh High Court

Durjan Singh vs The State Of Madhya Pradesh on 5 August, 2024

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

                                                               1                                  WP-22116-2024
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                      BEFORE
                                    HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                                 ON THE 5 th OF AUGUST, 2024
                                               WRIT PETITION No. 22116 of 2024
                                                  DURJAN SINGH
                                                     Versus
                                    THE STATE OF MADHYA PRADESH AND OTHERS
                         Appearance:
                            Shri Ashwani Mishra, learned counsel for the petitioner.
                            Shri Deepak Khot, learned Govt. Advocate for the respondents/State.

                                                                   ORDER

This petition under Article 226 of the Constitution of India has been filed seeking following reliefs:-

"(i) That, a direction may kindly be given to the respondents to give the benefit of regular/ minimum pay scale of the post on which the petitioners are working and classified as permanent employees on 25.03.2011 and pay the difference of arrears on fixation of pay from the date of classification along with interest at the rate of 18% p.a. as per the law laid down by the Hon'ble Supreme Court in the case of Ram Naresh Rawat.

(ii) Respondents may kindly be directed to grant the benefit of regular pay scale and the benefit as extended in the case of Ram Naresh Rawat from the date of classification of petitioner along with all the consequential benefits.

2 WP-22116-2024

(iii) Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may also kindly be granted."

It is submitted by the counsel for the petitioner that the petitioner was employed on daily wages as skilled person in the respondents department. He was classified as permanent employee on the post of skilled person by order dated 25.03.2011. 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 25.03.2011. Accordingly, if the classification is intact and if he files a representation before the authorities for grant of minimum pay scale from 25.03.2011 till the benefit of Sthaikarm i 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

3 WP-22116-2024 passed in the case of Ram Naresh Rawat (supra).

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

(MILIND RAMESH PHADKE) JUDGE

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