Madhya Pradesh High Court
Shriram Pal (Died) S/O Late Shri Bare Lal ... vs The State Of Madhya Pradesh on 16 January, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:839
1 WP-41250-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 16th OF JANUARY, 2025
WRIT PETITION No. 41250 of 2024
SHRIRAM PAL (DIED) S/O LATE SHRI BARE LAL PAL THROUGH
LRS RAJO BAI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Alok Bandhu Shrivastava, learned counsel for the petitioner.
Shri Ravindra Dixit, Public Prosecutor for respondent/State.
ORDER
The present petition has been filed by legal representatives of
deceased employee namely Shriram Pal, who was classified vide order
Annex.P/1 dated 09/07/2007, wherein his name appears at S.No.32. The
contention of the petitioner is that the said employee expired on 19/12/2015
but despite being classified by order Annex.P/1 in the year 2007, he was
being paid continuously as daily rate employee and he was not granted the
benefit of payment of minimum of regular pay scale without increments but
with dearness allowance as held by the Supreme Court in the case of Ram
Naresh Rawat Vs. Ashwini Ray reported in (2017) 3 SCC 436.
2. Per contra, the learned counsel for the State has countered the
petition on the ground that the present petition has been filed in the year
2024 and the employee had expired even prior to the delivery of judgment in
the case of Ram Naresh Rawat (supra) by the Supreme Court. It is further
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contended that in identical situation WP No.41247/2024 has been withdrawn
by a similarly situated person from coordinate Bench.
3. Heard.
4. Upon hearing counsel for the rival parties, it is seen that WP
No.41247/2024 was withdrawn when the counsel in the said case was
confronted with question that the employee had expired prior to delivery of
judgment in the case of Ram Naresh Rawat (supra). The counsel for
petitioner points out that subsequently the State Government itself has issued
a circular which was not part of record in WP No.41247/2024, wherein the
State Government itself has applied the dictum of the case of Ram Naresh
Rawat (supra) to all the employees in the State from the date of their
classification till date of their death or retirement or being given the status of
sthaikarmi. The relevant para of the said circular dated 16/10/2024 is as
under:
(अ) थायी वग कृ त कए जा चुके दै िनक वेतन भोगी कमचा रय के वेतन
अंतर रािश भुगतान के करण म माननीय सव च यायालय ारा रामनरे श रावत
करण म अिभिनधा रत िस ा त के प र े य थायी वग कृ त दनांक से त समय
चिलत वेतनमान के यूनतम वेतन (वेतन वृ छोडकर) तथा मंहगाई भ े के
आधार पर थाई वग कृ त दनांक से थायीकम का वेतन दए जाने के दनांक 31-
08-2016 अथवा मृ यु दनांक अथवा िनयिमतीकरण दनांक अथवा सेवािनवृ
दनांक अथवा सेवामु दनांक तक (जो भी पहले हो) पर ण उपरांत वेतन रािश का
भुगतान कया जावे। इस हे तु वभागा य तर से अनुमित दान करने उपरांत
संबंिधत मु य अिभयंता, जल संसाधन वभाग दारा अि म कायवाह क जावेगी ।
5. In view of the aforesaid circular dated 16/10/2024, the State
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Government itself has applied the judgment of Ram Naresh Rawat (supra) to
all the employees from the date of their classification to the date of their
death or regularization or retirement or being conferred the status of
sthaikarmi.
6. In view of the above, the present petition deserves to be and is
hereby allowed. The petitioner is held entitled to get benefit of minimum of
the pay scale without increments in terms of judgment of the case of Ram
Naresh Rawat (supra) and circular dated 16/10/2024. Let calculation be
carried out and payment extended to the petitioner within a period of three
months from the date of production of certified copy of this order.
(VIVEK JAIN)
JUDGE
RS
