Smt. Ajab Kuwar Yadav vs The State Of Madhya Pradesh
2025 Latest Caselaw 3164 MP

Madhya Pradesh High Court

Smt. Ajab Kuwar Yadav vs The State Of Madhya Pradesh on 22 January, 2025

Author: Gurpal Singh Ahluwalia

Bench: G. S. Ahluwalia

          NEUTRAL CITATION NO. 2025:MPHC-GWL:1265




                                                               1                               WP-40486-2024
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                          BEFORE
                                           HON'BLE SHRI JUSTICE G. S. AHLUWALIA
                                                 ON THE 22nd OF JANUARY, 2025
                                                 WRIT PETITION No. 40486 of 2024
                                               SMT. AJAB KUWAR YADAV
                                                        Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                   Shri Devendra Kumar Sharma - Advocate for the petitioner.

                                   Shri Ravindra Dixit - Government Advocate for the State.

                                                                   ORDER

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

"i- That, a direction may kindly be given to the respondents to give the benefit of regular/minimum pay scale of the post on which the Husband of Petitioner was working and classified as permanent employees in compliance of order passed by learned labour court dated 06.09.2001 and pay the difference of arrears on fixation of pay from the date of classification along with interest at the rate of 18% p.a. as per the law laid down by the Hon'ble Supreme Court in the case of Ram Naresh Rawat.

ii- Respondents may kindly be directed to grant the benefit of regular pay scale and the benefit as extended in the case of Ram Naresh Rawat from the date of classification of petitioner along with all the consequential benefits.

Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may also kindly be granted."

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2. It is submitted by counsel for petitioner that husband of petitioner was working on the post of Gauge Reader. By order dated 23/03/2011, he was classified. Ultimately, he was conferred the status of Sthaikarmi in the light of Viniyamatikaran scheme. Husband of petitioner retired on 01/07/2022 and he has expired on 26/08/2023. However, the minimum of pay-scale as directed by Supreme Court in the case of Ram Naresh Rawat Vs. Ashwini Ray and Ors., reported in (2017) 3 SCC 436 , was not paid to her husband from the order of classification till the conferment of status of Sthaikarmi. Accordingly, it is prayed that respondents be directed to pay the minimum of pay-scale in the light of judgment passed by Supreme Court in the case of Ram Naresh Rawat (supra) .

3. Per contra, the petition is vehemently opposed by counsel for the State.

4. Heard the learned counsel for parties.

5. Although, it is submitted by counsel for petitioner that husband of petitioner was conferred the status of Sthaikarmi in the light of Viniyamatikaran scheme, but there is no specific pleading to that effect.

6. Be that whatever it may be.

7. There is no reason to disbelieve the statement of counsel for petitioner that husband of petitioner was conferred the status of Sthaikarmi. Accordingly, in the light of judgment passed by Supreme Court in the case of Ram Naresh Rawat (supra), it is directed that in case if petitioner makes a fresh representation for payment of minimum of pay-scale from the order of classification till the conferment of status of Sthaikarmi, then the respondents after verifying as to whether the aforesaid pay-scale was ever paid to husband of petitioner or not, shall pay the minimum of pay-scale from the order of classification till the conferment of status of Sthaikarmi.

8. Let the said decision be taken within a period of three months from the

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date of filing of fresh representation.

9. With aforesaid observation, the petition is finally disposed of.

(G. S. AHLUWALIA) JUDGE

PjS/-