Lokpal Singh vs The State Of Madhya Pradesh
2025 Latest Caselaw 4005 MP

Madhya Pradesh High Court

Lokpal Singh vs The State Of Madhya Pradesh on 4 February, 2025

Author: Gurpal Singh Ahluwalia

Bench: G. S. Ahluwalia

         NEUTRAL CITATION NO. 2025:MPHC-GWL:2177




                                                            1                             WP-3759-2025
                            IN      THE     HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                       BEFORE
                                        HON'BLE SHRI JUSTICE G. S. AHLUWALIA
                                              ON THE 4 th OF FEBRUARY, 2025
                                              WRIT PETITION No. 3759 of 2025
                                                  LOKPAL SINGH
                                                     Versus
                                    THE STATE OF MADHYA PRADESH AND OTHERS
                         Appearance:
                                 Shri Vinay Kumar - Advocate for the petitioner.

                                 Shri Ravindra Dixit - Government Advocate for State.

                                                                ORDER

This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

"7.1 The concerning authority kindly be directed to extend benefits of Permanent Classified employees to the Petitioner, in accordance with law with a further to pay difference of salary, arrears of pay etc. along with interest @ 18 % per annum.

7.2 Any other just and proper relief warranting under the facts and

circumstances of the case be also given to the Petitioner, in the ends of justice"

2. It is submitted by counsel for petitioner that petitioner was employed daily wager as Chowkidar in the respondents department. He was classified as permanent employee on the post of Chowkidar by order dated 05.09.2006. It is further submitted that now he has been declared as

NEUTRAL CITATION NO. 2025:MPHC-GWL:2177

2 WP-3759-2025 Sthaikarmi. However, in the light of judgment passed by Supreme Court in the case of Ram Naresh Rawat Vs. Ashwini Ray reported in 2017 (3) SCC 436 , the benefit of minimum of regular pay scale without increment from the date of classification till extension of benefit of Sthaikarmi has not been paid and accordingly, it is submitted that petitioner is entitled for the minimum of regular pay scale without increment for the aforementioned period.

3 . Per contra, it is submitted by counsel for State that petitioner is entitled for minimum of regular pay scale without increment from the date of his classification only.

4. Heard the learned counsel for the parties.

5. The petitioner was classified by order dated 05.09.2006. Accordingly, if classification is intact and if he files representation before the

authorities for grant of minimum pay scale from 05.09.2006 till the benefit of Sthaikarmi is given to him, then the said representation shall be decided as early as possible preferably within a period of one month from the date of representation in the light of judgment passed in the case of Ram Naresh Rawat (supra).

6. With aforesaid direction, the petition is finally disposed of.

(G. S. AHLUWALIA) JUDGE

Rashid