Madhya Pradesh High Court

Laxminarayan vs The State Of Madhya Pradesh on 23 February, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 23 rd OF FEBRUARY, 2024
WRIT PETITION No. 11397 of 2023

BETWEEN:-
VILAS S/O SHRI DATTATRAY KHOLE, AGED ABOUT 59
YE A R S , OCCUPATION: SERVICE NVDA QUARTER,
DHARAMPURI, DIST. DHAR (MADHYA PRADESH)

.....PETITIONER
(BY SHRI KARPE PRAKHAR MOHAN, ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY NARMADA VALLEY DEPARTMENT
MANTRALAYA, VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)

2. THE CHIEF SECRETARY NARMADA VALLEY
D E V E L O P M E N T MANTRALAYA, BHOPAL
(MADHYA PRADESH)

3. THE EXECUTIVE ENGINEER, NVDA INDIRA
SAGAR PARIYONA DIVISION NO. 2, DHARAMPURI
DIST. DHAR (MADHYA PRADESH)

.....RESPONDENTS
(BY SHRI VIVEK PATWA, ADVOCATE)

WRIT PETITION No. 28919 of 2023

BETWEEN:-
1. RAJENDRA PARIHAR S/O ARJUN SINGH
PARIHAR, AGED ABOUT 56 YEARS, OCCUPATION:
SAMAYPAL JOBAT PARIYOJNA COLONY NANPUR
DISTT.ALIRAJPUR (MADHYA PRADESH)

2. KUSHAL SINGH BAGHEL S/O GEMAN SINGH
BAGHEL, AGED ABOUT 50 YEARS, OCCUPATION:
CHOWKIDAR GRAM VASKAL TEHSIL ALIRAJPUR
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 29-02-2024
14:43:13
2
DIST. ALIRAJPUR (MADHYA PRADESH)

3. BUDHIYA S/O NARSINGH, AGED ABOUT 52 YEARS,
OCCUPATION: CHOWKIDAR GRAM VASKAL
PATEL PHALIYA DIST. ALIRAJPUR (MADHYA
PRADESH)

4. KISHAN S/O BHUWAN, AGED ABOUT 54 YEARS,
OCCUPATION: CHOWKIDAR INDRAVAN TEHSIL
JOVAT DIST. ALIRAJPUR (MADHYA PRADESH)

5. CHAMARIYA BHINDE S/O GUMAN BHINDE, AGED
ABOUT 47 YEARS, OCCUPATION: CHOWKIDAR
GRAM VASKAL DIST ALIRAJPUR (MADHYA
PRADESH)

6. CHAGAN SINGH S/O INDER SINGH, AGED ABOUT
47 YEARS, OCCUPATION: CHOWKIDAR GRAM
VASKAL DIST ALIRAJPUR (MADHYA PRADESH)

7. DARIYAO S/O HARISINGH MANDLOI, AGED
ABOUT 53 YEARS, OCCUPATION: CHOWKIDAR
GRAM FATA MASANIYA FALIA DIST. ALIRAJPUR
(MADHYA PRADESH)

8. PATAL SINGH BAGHEL S/O AMAR SINGH, AGED
ABOUT 57 YEARS, OCCUPATION: CHOWKIDAR
GRAM VASKAL DIST ALIRAJPUR (MADHYA
PRADESH)

9. KARAM SINGH MOURYA S/O GANPAT SINGH,
AGED ABOUT 55 YEARS, OCCUPATION:
CHOWKIDAR GRAM VASKAL PATEL FALIYA DIST.
ALIRAJPUR (MADHYA PRADESH)

10. JUWAN SINGH MEHDA S/O NANLA MEHDA, AGED
ABOUT 59 YEARS, OCCUPATION: CHOWKIDAR
BHEEL PHALIYA, GRAM VASKAL DIST.
ALIRAJPUR (MADHYA PRADESH)

11. VIJAY GOHAR S/O BABULAL GOHAR, AGED
ABOUT 49 YEARS, OCCUPATION: SWEEPER
MEHTAR MOHALLA NANPUR DIST. ALIRAJPUR
(MADHYA PRADESH)

12. ROOPSINGH DEWDA S/O SOMLA DEWDA, AGED
ABOUT 49 YEARS, OCCUPATION: CHOWKIDAR
GRAM MACHALIA, BHILWAR FALIYA DIST.
ALIRAJPUR (MADHYA PRADESH)

13. RAJENDRA SINGH S/O AMAR SINGH ALAWA,
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 29-02-2024
14:43:13
3
AGED ABOUT 57 YEARS, OCCUPATION: HELPER
GRAM VASKAL PATEL FALIYA DIST. ALIRAJPUR
(MADHYA PRADESH)

14. MADHO SINGH DAWAR S/O GAMIR SINGH
DAWAR, AGED ABOUT 61 YEARS, OCCUPATION:
CHOWKIDAR GRAM UMDA TEHSIL JOBAT DIST.
ALIRAJPUR (MADHYA PRADESH)

15. YUDHISTIR GOUD S/O KERISHNA SWAROOP
GOUD, AGED ABOUT 61 YEARS, OCCUPATION:
GAUGE READER KB ROAD NANPUR DIST.
ALIRAJPUR (MADHYA PRADESH)

16. GUMAN JAMOD S/O BHANGDA JAMOD, AGED
ABOUT 50 YEARS, OCCUPATION: CHOWKIDAR
GRAM GULBARDI TEHSIL KUKSHI DIST. DHAR
(MADHYA PRADESH)

17. MUNNU LAL SHARMA S/O RAJARAM SHARMA,
AGED ABOUT 58 YEARS, OCCUPATION: DRIVER
TEHSIL KUKSHI DIST. DHAR (MADHYA PRADESH)

.....PETITIONER
(BY SHRI KARPE PRAKHAR MOHAN, ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY NARMADA VALLEY DEPARTMENT
MANTRALAYA VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)

2. CHIEF SECRETARY NARMADA VALLEY
DEVELOPMENT DEPARTMENT MANTRALAYA
BHOPAL (MADHYA PRADESH)

3. CHIEF ENGINEER NARMADA PARIYOJNA VIJAY
NAGAR SCHEME NO. 78 INDORE (MADHYA
PRADESH)

4. SUPERINTENDENT ENGINEER NARMADA
VALLEY DEVELOPMENT DIVISION NO. 10 DHAR
(MADHYA PRADESH)

5. EXECUTIVE ENGINEER NARMADA VALLEY
DEVELOPMENT DIVISION NO. 16 KUKSHI DIST.
DHAR (MADHYA PRADESH)

.....RESPONDENTS
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 29-02-2024
14:43:13
4
(BY SHRI VIVEK PATWA, ADVOCATE)

WRIT PETITION No. 28920 of 2023

BETWEEN:-
1. LAXMINARAYAN S/O SHRI RAMDAYAL, AGED
ABOUT 58 YEARS, OCCUPATION: SERVICE R/O 1/17
JOBAT PARIYOJNA COLONY KUKSHI DISTT.
DHAR (MADHYA PRADESH)

2. BISHAN SINGH S/O SHRI VESTA, AGED ABOUT 56
Y E A R S , OCCUPATION: SERVICE H, JOBAT
PARIYOJNA COLONY, KUKSHI DIST. DHAR
(MADHYA PRADESH)

3. POONAMCHAND S/O SHRI SUKHDEV, AGED
ABOUT 52 YEARS, OCCUPATION: SERVICE 1/24,
JOBAT PARIYOJNA COLONY, KUKSHI, DIST.
DHAR (MADHYA PRADESH)

4. JAGAT SINGH S/O HIRLA, AGED ABOUT 61 YEARS,
OCCUPATION: SERVICE GRAM HALDI, POST
HALDI, TEHSIL KUKSHI DIST. DHAR (MADHYA
PRADESH)

5. SHANKAR LAL S/O GOMAJI, AGED ABOUT 61
Y E A R S , OCCUPATION: SERVICE SUTAR
MOHALLA, KUKSHI DIST. DHAR (MADHYA
PRADESH)

6. MUNNALAL SHARMA S/O RAMCHARAN
SHARMA, AGED ABOUT 61 YEARS, OCCUPATION:
SERVICE H/13, JOBAT PARIYOJNA COLONY,
KUKSHI DIST. DHAR (MADHYA PRADESH)

7. JAGAT SINGH S/O SHRI VESTA, AGED ABOUT 55
Y E A R S , OCCUPATION: SERVICE
GRAMINDRAVAN, POST DABDI, TEHSIL JOBAT,
DIST. ALIRAJPUR (MADHYA PRADESH)

8. GOPAL S/O BUDLA, AGED ABOUT 55 YEARS,
OCCUPATION: SERVICE GRAM AALI, POST AALI,
TEHSIL KUKSHI DIST. DHAR (MADHYA PRADESH)

9. KALUSINGH S/O JAIRAM SINGH, AGED ABOUT 54
YE A R S , OCCUPATION: SERVICE 1/5, JOABAT
PARIYOJNA COLONY, DIST. DHAR (MADHYA
PRADESH)

Signature Not Verified
10. RICHU SINGH S/O SHRI BAAU, AGED ABOUT 51
Signed by: RAVI PRAKASH
Signing time: 29-02-2024
14:43:13
5
YE A R S , OCCUPATION: SERVICE 1/6, JOBAT
PARIYOJANA COLONY, KUKSHI DIST. DHAR
(MADHYA PRADESH)

11. MEHTAB SINGH S/O GANSYA, AGED ABOUT 55
YEAR S, OCCUPATION: SERVICE GRAM PALASI,
TEHSIL KUKSHI DIST. DHAR (MADHYA PRADESH)

12. SMT. MEENA W/O PONAM, AGED ABOUT 44
YE A R S , OCCUPATION: SERVICE TALABPURA,
KUKSHI DIST. DHAR (MADHYA PRADESH)

13. KANHAIYALAL S/O MOTILAL, AGED ABOUT 57
YEARS, OCCUPATION: SERVICE KUMHARGADDA,
DIST. DHAR (MADHYA PRADESH)

14. JEEVAN SINGH S/O DOORASINGH, AGED ABOUT
55 YEARS, OCCUPATION: SERVICE NARMADA
VIKAS COLONY, DHAR (MADHYA PRADESH)

15. GUMAN SINGH S/O SIKANDAR SINGH, AGED
ABOUT 58 YEARS, OCCUPATION: SERVICE GRAM
AALI, POST AALI, TEHSIL KUKSHI DIST. DHAR
(MADHYA PRADESH)

16. MUNNU LAL SHARMA S/O RAJARAM SHARMA,
AGED ABOUT 58 YEARS, OCCUPATION: DRIVER
TEHSIL KUKSHI DIST. DHAR (MADHYA PRADESH)

17. SHANKAR SINGH MAURYA S/O VESTA MAURYA,
AGED ABOUT 62 YEARS, OCCUPATION: RETIRED
MORI PHALIYA, POST NANPUR DIST. ALIRAJPUR
(MADHYA PRADESH)

18. RUKHMA W/O LATE JAGAN SINGH CHOUHAN,
AGED ABOUT 50 YEARS, OCCUPATION: NIL G/6,
JOBAT PARIYOJNA COLONY, POST NANPUR, DIST.
ALIRAJPUR (MADHYA PRADESH)

.....PETITIONER
(BY SHRI KARPE PRAKHAR MOHAN, ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY NARMADA VALLEY DEVELOPMENT
AUTHORITY VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)

2. CHIEF SECRETARY NARMADA VALLEY
DEVELOPMENT DEPARTMENT MANTRALAYA,
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 29-02-2024
14:43:13
6
BHOPAL (MADHYA PRADESH)

3. CHIEF ENGINEER NARMADA PARIYOJNA VIJAY
NAGAR, SCHEME NO. 78, INDORE (MADHYA
PRADESH)

4. SUPERINTENDENT ENGINEER NARMADA
VALLEY DEVELOPMENT DIVISION NO. 10, DIST.
DHAR (MADHYA PRADESH)

5. EXECUTIVE ENGINEER NARMADA VALLEY
DEVELOPMENT DIVISION NO. 16, KUKSHI DIST.
DHAR (MADHYA PRADESH)

.....RESPONDENTS
(BY SHRI VIVEK PATWA, ADVOCATE)

WRIT PETITION No. 31377 of 2023

BETWEEN:-
1. SHANKAR S/O KALYANMAL KHANDELWAL,
AGED ABOUT 64 YEARS, OCCUPATION: NIL
OMKARESHWR MAIN ROAD, MORTAKA, DISTT.
KHANDWA (MADHYA PRADESH)

2. MAHIPAL S/O BHAGWAN SINGH PANWAR, AGED
ABOUT 60 YEARS, OCCUPATION: SERVICE RAJ
MANDIR GALI, SANAWAD DIST. KHARGONE
(MADHYA PRADESH)

.....PETITIONER
(BY SHRI KARPE PRAKHAR MOHAN, ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH SECRETARY
NARMADA VALLEY DEPARTMENT MANRALAYA
VALLABH BHAVAN, BHOPAL (MADHYA PRADESH)

2. CHIEF ENGINEER INDIRA SAGAR PROJECTS
( C A N A L ) , NARMADA VALLEY DEVELPMENT
AUTHORITY, SANAWAD (MADHYA PRADESH)

3. EXECUTIVE ENGINEER, INDIRA SAGAR
PROJECTS (CANALS) DIVISION-21, NARMADA
VALLEY DEVELOPMENT AUTHORITY DIVISION-
21, SANAWAD (MADHYA PRADESH)

Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 29-02-2024
14:43:13
7
.....RESPONDENTS
(BY SHRI VIVEK PATWA, ADVOCATE)

These petitions coming on for admission this day, the court passed the
following:
ORDER

Since the controversies involved in these cases are identical in nature, therefore, these writ petitions are analogously heard and being decided by this common order. Facts of W.P. No.11397 of 2023 are narrated hereunder.

The petitioner has filed the present petition under Article 226 of the Constitution of India seeking benefits of Fifth, Sixth & Seventh Pay Commission.

02. Initially, the petitioner was engaged as daily wager by the respondents on 01.08.1990. The petitioner retired from the service on 31.07.2018 upon attaining the age of superannuation. According to the petitioner, he was entitled for regularization and special pay as per the Circulars dated 16.05.2007, 06.09.2008 & 29.09.2014. It is further submitted that as per the aforesaid Circulars, juniors to the petitioner working in the same Department were regularized and given the benefit of Fifth & Sixth Pay Commission. The petitioner also approached this Court by W.P. No.2507 of 2016, which was allowed by giving direction to the respondents to grant the benefits of scale as well as arrears keeping in view the Fifth & Sixth Pay Commission. The respondents have not complied the aforesaid order, therefore, the petitioner submitted a representation. The respondents gave reply dated 12.07.2018 stating that all the benefits have been granted and no further benefit are due to be granted.

03. The petitioner again approached this Court by way of W.P. No.26794 of 2018 which was disposed of with the direction to consider the

grievance of the petitioner in respect of non-payment of arrears of Fifth & Sixth Pay Commission. Again the petitioner submitted a representation which came to be rejected vide order dated 29.06.2020 in light of the Circular dated 07.10.2016, thereafter, the petitioner gave a legal notice and filed the present petition claiming the benefits of Fifth, Sixth & Seventh Pay Commission.

04. The respondents filed a reply by submitting that the petitioner has suppressed the material fact that he submitted an option to get the benefit of Circular dated 07.10.2016. Although W.P. No.2507 of 2016 was allowed for grant of benefits of Fifth & Sixth Pay Commission but thereafter, the State Government issued a Policy for daily wager granting them the permanent status vide Circular dated 07.10.2016. The petitioner submitted an undertaking on 23.08.2017 and got the benefit of permanent status w.e.f. 01.09.2016. The petitioner has been granted the dearness allowance from the date of his initial appointment, i.e. 01.08.1990. Therefore, the petitioner has foregone all his rights to claim benefits of Fifth & Sixth Pay Commission and the writ petition is liable to be dismissed.

05. The petitioner has not filed any rejoinder to dispute the aforesaid facts.

06. It is correct that in light of the judgment delivered by the Apex Court in the case of Ram Naresh Rawat v/s Ashwini Ray & Others reported in (2017) 3 SCC 436, the State Government issued a Circular dated 07.10.2016 by issuing directions to all the Department to grant of benefit of 'Sthaikarmai' to daily rated employee in their respective skilled, unskilled and semiskilled category. They were directed to be given the benefits from 01.09.2016 and dearness allowance which is at present 125%. They shall be entitled for

increment from September, 2017. The gratuity amount has also been ascertained in the said policy. Although as per Clause - 3, the benefits had already been given to daily rated employee in compliance of order of High Court and they were protected, but in the present case, no order was passed for grant of benefit of Fifth & Sixth Pay Commission to the respondents. However, the petitioner gave an undertaking to accept the benefit of Circular dated 07.10.2016. Thereafter, Circular dated 28.09.2017 was issued granting all the benefits under the Circular dated 07.10.2016.

07. So far as grant of benefits of Fifth, Sixth & Seventh Pay Commission are concerned, when the Circular dated 07.10.2016 was issued which was made applicable from 01.09.2016, Sixth Pay Commission had already been implemented, therefore, the State Government decided the pay scale to be given to skilled, unskilled and semiskilled category of Sthaikarmis on the basis of Sixth Pay Commission. Once the petitioner had been fixed in pay-scale of respective category, now the benefit of Fifth & Sixth Pay Commission cannot be claimed as that has been been taken care by the State Government by fixing their pay-scale in all the three categories.

08. So far as the benefit of Seventh Pay Commission is concerned, vide notification dated 20.07.2017, the State Government notified Madhya Pradesh Pay Revision Rules, 2017. Clause - 2.6(viii) clearly says that these rules will not be applicable to declare permanent employee under the Circular dated 07.10.2016, therefore, by virtue of this statutory rules 'Sthaikarmies' have been kept out of the Pay Revision Rules. Unless validity of these rules are challenged, no relief can be granted to the petitioner.

09. In view of the above, Writ Petition stands dismissed. Since the petitioners in connected writ petitions also, i.e. W.P. Nos.28919 of 2023, 28920

of 2023 & 31377 of 2023, are claiming the benefit of Fifth, Sixth & Seventh Pay Commission along with consequential benefits, therefore, the connected writ petitions also stand dismissed with the same terms and conditions of the order passed in W.P. No.11397 of 2023.

Let a copy of this order be kept in the connected petitions also.

(VIVEK RUSIA) JUDGE Ravi