Dinesh Chandra Bhargava vs The State Of Madhya Pradesh
2024 Latest Caselaw 5728 MP

Madhya Pradesh High Court

Dinesh Chandra Bhargava vs The State Of Madhya Pradesh on 26 February, 2024

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

                                                            1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                             ON THE 26 th OF FEBRUARY, 2024
                                             WRIT PETITION No. 4365 of 2024

                          BETWEEN:-
                          DINESH CHANDRA BHARGAVA S/O SHRI RAGHUVAR
                          DAYAL BHARGAVA, AGED-59 YEARS, OCCUPATION:
                          SERVICE R/O    OFFICE KARYAPALAN    GRAMIN
                          YANTRIKIYA SEVA SANBHAG GUNA DISTRICT GUNA
                          (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI K.K. SHRIVASTAVA- ADVOCATE )

                          AND
                          1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                SECRETARY VALLABH    BHAWAN   BHOPAL
                                (MADHYA PRADESH)

                          2.    PRAMUKH       ABHIYANTA,        JAL   SANSADHAN
                                V I B H A G AMARKANTAK          BHAVAN, BHOPAL
                                (MADHYA PRADESH)

                          3.    MUKHY ABHIYANTA, JAL SANSADHAN YAMUNA
                                KAKSHAR THATIPUR DIST. GWALIOR (MADHYA
                                PRADESH)

                          4.    KARYPALAN YANTRI, JAL SANSADHAN VIBHAG
                                HARSI SAMBHAG DABRA, DIST. GWALIOR
                                (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI P.S. RAGHUWANHSI- GOVERNMENT ADVOCATE)

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                             ORDER

The present petition has been filed by the petitioner challenging the order

dated 27.09.2021 (Annexure P/1) passed by respondent No.4, whereby the petitioner has not been given minimum pay scale from the date of his classification. It is submitted that the petitioner was reverted from permanent classification on the post the petitioner was working and filed this petition seeking direction to the respondents to give the service benefit and pay scale of the post of permanent classified from the date of his classification as permanent employee. It is pointed out that the issue involved is squarely covered and settled by Hon'ble Supreme Court in the case of Ram Naresh Rawat Vs. Ashwani Naik & others, (2016) 8 SCC 733 and considering the aforesaid judgment, several petitions have been disposed of by the Hon'ble Supreme

Court even by Division Bench of this Court.

Considering the aforesaid analogy and orders passed by several benches of this Court in several writ petitions, this Court has passed W.P. No. 4018/2020 in the case of S. Kamta Prasad Vs. State of M.P. & others decided on 26.08.2021, wherein a bunch of petitions were decided and it was observed that the law with respect of classification of employees have been settled up to the Hon'ble Supreme Court. The aforesaid order has been affirmed in W.A.No.1166/2021.

Counsel appearing for the State could not refuse the aforesaid facts and fairly submitted that after passing of the judgment in the case of Kamta Prasad (supra), the matter was considered by the State Government and sanction from finance department has been given for making payment of the arrears of the classified employees. He fairly submits on instructions that the order impugned is contrary to the judgment passed by the Supreme Court in the case of Ram Naresh Rawat (supra) as well as the judgment passed by this Court in the case of Kamta Prasad (supra), therefore he fairly submits that the order may

be set aside and some breathing time be granted to the authorities to comply with the directions as mentioned in the aforesaid orders.

Prayer appears to be reasonable.

Looking to the overall facts and circumstances of the case, the orders passed by the Authorities (Annexure P/1) dated 27.09.2021 do not sustain the judicial scrutiny and are hereby quashed. Authorities are directed to restore the position of the petitioner as a classified employee and are directed to make the payments of arrears to the petitioner within a period of one month from today, failing which the arrears so calculated will carry an interest @ 18% per annum till the date of its realization.

(MILIND RAMESH PHADKE) JUDGE Chandni