Madhya Pradesh High Court

Gangaprasad vs The State Of Madhya Pradesh on 1 April, 2025

         NEUTRAL CITATION NO. 2025:MPHC-GWL:7411




                                                                  1                           WP-11467-2025
                               IN      THE       HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                           BEFORE
                                             HON'BLE SHRI JUSTICE ASHISH SHROTI
                                                     ON THE 1 st OF APRIL, 2025
                                                  WRIT PETITION No. 11467 of 2025
                                                      GANGAPRASAD
                                                         Versus
                                        THE STATE OF MADHYA PRADESH AND OTHERS
                         Appearance:
                                Shri Devesh Sharma - learned counsel for the petitioner.
                                Shri    Dileep    Awasthi-       learned   Government   Advocate   for     the
                         respondents/State.

                                                                   ORDER

1. The petitioner has filed this writ petition praying for the following reliefs:-

"7.1 That, a direction may kindly be given to the respondents to give the sevice benefit and minimum pay scale of the post of the permanent classified Labour/Assistant Cook from the date of his classification as permanent employee to the petitioner. And pay the arrears of salary on fixation of pay along with all consequence benefits

with interest from the date of his Classification.

7.2 That, the respondents may further be directed to treat the petitioner at par with their similarly placed co-employees with seniority and consequential benefits on the post of Labour/Assistant Cook from the date of his Classification.

7.3 That, any other relief, which this Hon'ble Court may deem fit

NEUTRAL CITATION NO. 2025:MPHC-GWL:7411

2 WP-11467-2025 and proper may also be given to the petitioner along with costs."

2. Learned counsel for the petitioner submits that petitioner has been classified as permanent employee vide order dated 08/08/2011 and as per judgment of the Apex Court delivered in the case of Ram Naresh Rawat vs Sri Ashwini Ray & Ors reported in (2017) 3 SCC 436 and also pursuant to the circular dated 16/10/20214 (Annexure P/2), he is entitled to minimum of pay scale of the post which he is holding. He further submits that the petitioner has not been granted the aforesaid benefits.

3. Learned counsel for the respondents submits that the petitioner has not even approached before the competent authority claiming aforesaid benefit and no direction is required to be issued in this petition.

4. In view of the aforesaid, the instant writ petition is disposed of granting

liberty to the petitioner to make representation before respondent No.3 especially pointing out the details of his claim and also furnish the copy of the Apex Court's judgment and relevant circular before respondent No.3, who in turn, shall decide the claim of the petitioner within a period of 90 days from the date of production of certified copy of this order along with representation.

5. It is made clear that this Court has not expressed any opinion on the merit of the case.

(ASHISH SHROTI) JUDGE

rahul