The State Of Madhya Pradesh vs Nandu
2025 Latest Caselaw 6395 MP

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Nandu on 22 August, 2025

Author: Gurpal Singh Ahluwalia

Bench: G. S. Ahluwalia

         NEUTRAL CITATION NO. 2025:MPHC-GWL:18780




                                                               1                                RP-1267-2017
                             IN      THE      HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                          BEFORE
                                           HON'BLE SHRI JUSTICE G. S. AHLUWALIA
                                                  ON THE 22nd OF AUGUST, 2025
                                                REVIEW PETITION No. 1267 of 2017
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                                                       Versus
                                                      NANDU
                          Appearance:
                                   Shri Ravindra Dixit - Government Advocate for petitioners/State.
                                   Shri Narendra Singh Parmar - Advocate for respondent.

                                                                   ORDER

This review petition has been filed for recall of order dated 01.03.2017 passed by Coordinate Bench of this Court in W.P. No.8600/2016.

2. The Hon'ble Judge who had passed the order under challenge has been transferred, therefore, this review petition has been listed before this Court.

3. Considered I.A. No.16565/2017 , which is an application under Section 5 of the Limitation Act.

4. For the reasons mentioned in the application, the same is allowed. The delay of 205 days in filing this review petition is hereby condoned.

5. Heard on the question of admission.

6 . It is submitted by counsel for petitioner that respondent had filed an application under Section 33-C(2) of the Industrial Disputes Act for payment of difference of wages from 29.03.2005 to 31.08.2015. It is submitted that

NEUTRAL CITATION NO. 2025:MPHC-GWL:18780

2 RP-1267-2017 the Coordinate Bench of this Court after relying upon the judgment passed by this Court in State of M.P. Vs. Ramprakash reported in 1989 LJL 36 has held that whether an employee comes by way of normal recruitment process or through the process of classification, the fact remains that both i.e. the normally recruited employee and classified employee, work on the same post and perform the same duties, therefore, they are entitled to the same benefit.

7. It is submitted by counsel for petitioner that prior to the pronouncement of order under review, the Supreme Court had already held in the case of Ram Naresh Rawat v. Ashwini Ray & Ors., (2017) 3 SCC 436 that the classified employee is entitled for minimum of pay scale without any increment, therefore, the grant of regular pay scale to the respondent, is an error apparent on the face of the record as the said order has been passed

in ignorance of the law laid down by the Supreme Court in the case of Ram Naresh Rawat (Supra).

8. Per contra, the petition is vehemently opposed by counsel for respondent.

9. Heard learned counsel for the parties.

10. The Supreme Court in the case of Ram Naresh Rawat (Supra) has held that a classified employee is entitled for minimum of pay scale without any increment. The said judgment was pronounced on 15.12.2016, whereas the order under review was pronounced on 01.03.2017, i.e. subsequent to the law laid down by the Supreme Court in the case of Ram Naresh Rawat (Supra).

11. Under these circumstances, this Court is of the considered opinion

NEUTRAL CITATION NO. 2025:MPHC-GWL:18780

3 RP-1267-2017 that the order under review has been passed in ignorance of the law laid down by the Supreme Court in the case of Ram Naresh Rawat (Supra); therefore, there is an error apparent on the face of the record, which is required to be corrected.

12. Accordingly order dated 01.03.2017 passed in W.P. No.8600/2016 is modified and it is directed that respondent shall be entitled for minimum of pay scale without increment as decided by the Supreme Court in case of Ram Naresh Rawat (Supra).

13. With aforesaid modification, this review petition is disposed of. This order shall also be treated as part of order dated 01.03.2017 passed in W.P. No.8600/2016.

(G. S. AHLUWALIA) JUDGE

Aman