Onkar Lal Rawat vs The State Of Madhya Pradesh
2025 Latest Caselaw 2889 MP

Madhya Pradesh High Court

Onkar Lal Rawat vs The State Of Madhya Pradesh on 15 January, 2025

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

          NEUTRAL CITATION NO. 2025:MPHC-IND:968




                                                              1                              WP-40717-2024
                              IN        THE    HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                          BEFORE
                                         HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                  ON THE 15th OF JANUARY, 2025
                                                 WRIT PETITION No. 40717 of 2024
                                              ONKAR LAL RAWAT AND OTHERS
                                                         Versus
                                        THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                   Shri Suyash Prapanna - Advocate for the petitioners.
                                   Ms. Mehul Shukla - G.A./P.L. for respondents/State.

                                                                  ORDER

1. By this writ petition preferred under Article 226 of the Constitution of India, petitioners have prayed for the following reliefs :-

"(a) Petition may kindly be allowed by issuing appropriate writ order or direction to the to grant the minimum of the pay scale to petitioners from the date of their classification as permanent employee on their respective post, i.e., 30-05-2002.

(b) Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may be awarded along with the cost of the petition.

(c) To award the cost of present petition from the respondents to the petitioner."

2. Learned counsel for the petitioners submits that the petitioners were initially appointed as daily rated employees in the year 1976 & 1971 respectively, and were granted the permanent status vide order dated 30.05.2002. He submits that on being given the permanent status, the petitioners have become entitled for the regular pay scale and after

NEUTRAL CITATION NO. 2025:MPHC-IND:968

2 WP-40717-2024 completing such a long period in service, they are entitled for regularization.

3. Learned counsel for the respondents/State submits that on being classified as permanent employees, petitioners are entitled for minimum of the pay scale, and that their case for regularization will be duly considered as and when the vacancy arises.

4. Having regard to the aforesaid and taking note of the judgment of the Supreme Court in the matter of Ram Naresh Rawat Vs. Sri Ashwini Ray and others, (2017) 3 SCC 436 the petitioners are only entitled to the minimum of the pay scale on being classified as permanent employees, therefore, on the strength of the order of classification as permanent employees, the petitioners cannot be granted the regular pay scale to the post in question. Hence, to the aforesaid extent, the writ petition is allowed by

directing the respondents to grant minimum of the pay scale to the petitioners from the date of their classification as permanent employees within a period of 3 months from the date of receipt of certified copy of this order.

5. With the aforesaid, the petition stands disposed of.

(SUBODH ABHYANKAR) JUDGE

Pankaj