Madhya Pradesh High Court
Smt Susheela Mahor vs The State Of Madhya Pradesh on 8 April, 2025
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
NEUTRAL CITATION NO. 2025:MPHC-GWL:8161
1 WP-4184-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
ON THE 8 th OF APRIL, 2025
WRIT PETITION No. 4184 of 2024
SMT SUSHEELA MAHOR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Tajuddin Khan - Advocate for the petitioner.
Shri S. S. Kushwaha - Government Advocate for the State.
ORDER
The petition under Article 226 of the Constitution of India has been
filed by petitioners seeking the following reliefs:-
(i) That, the impugned order annexure P-2 dated 22-11-2017 may
kindly be quashed and the respondents may kindly be ordered and
directed to grant the benefit of minimum pay scale and arrears
from the respective dates of classification of her late husband of
the petitioner.
(ii) That, any other, order/direction as this Hon'ble Court may
deem fit, may kindly be granted in favour of the petitioner.
2. It is submitted by counsel for petitioner that husband of petitioner
had expired on 27/08/2023. The husband of petitioner was classified as a
Labrour by order passed in the month of July, 2006. However, he has not
been given the benefit of minimum of regular pay-scale from the order of his
classification till the conferral of status of Sthaikarmi. It is submitted that
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earlier the husband of petitioner had filed W.P.No.7044/2015, which was
disposed of by order dated 14/10/2015 with a direction to respondents to
decide the representation. It is submitted that on 22/11/2017, the
representation has been decided in the light of Viniyamatikaran scheme
dated 07/10/2016 whereas the case of petitioner is that the husband of
petitioner is entitled for minimum of pay-scale from the date of order of
classification till the conferral of status Sthaikarmi. Sthaikarmi and classified
employees are two different categories and they cannot be clubbed together.
3. So far as the delay in filing of this petition is concerned, it is submitted
by counsel for petitioner that the Water Resources Department as well as P.W.D.
by passing separate orders, has decided to pay the minimum of regular pay-scale
to employees or to dependents of the employees in accordance with judgment
passed by the Supreme Court in the case of Ram Naresh Rawat Vs. Ashwini Ray
reported in 2017 (Vol 3) SCC 436 . Thus, it is submitted that the delay can be
ignored specifically when the State Government itself had decided to pay the
minimum of regular pay-scale to the employees in the light of Ram Naresh Rawat
(supra). It is further submitted that even otherwise in service matters, the delay
and latches are not relevant criteria.
4. Per contra, the petition is vehemently opposed by counsel for State.
It is submitted that claim of husband of petitioner was rejected on
22/11/2017 and the present petition has been filed after seven long years
without any explanation for the delay.
5. Heard the learned counsel for the parties.
6. The Water Resources Department by its circular dated 16.10.2024
has held that the minimum of regular pay-scale shall be paid to all the
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employees. Thus, once State Government itself has decided to pay the
minimum of regular pay-scale to all the classified employees, then the delay
cannot a criteria to deny the benefit which had already accrued in favour of
husband of petitioner.
7. Accordingly, this petition is allowed with a direction to respondents
to consider the representation of petitioner afresh and if the order of
classification of husband of petitioner is still intact, then the minimum of
regular pay-scale from the date of order of classification till the conferral of
status of Sthaikarmi shall be paid to petitioner.
8. Let the entire exercise be completed within a period of two months
from the date of receipt of fresh representation.
9. With aforesaid observation, the petition is finally disposed of.
(G. S. AHLUWALIA)
JUDGE
PjS/-
