Madhya Pradesh High Court
Balkrishan Sharma vs The State Of Madhya Pradesh on 8 July, 2025
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2025:MPHC-GWL:12944
1 WP-26883-2018
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
WRIT PETITION No. 26883 of 2018
BALKRISHAN SHARMA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Girija Shankar Sharma - Advocate for the petitioner.
Shri M.S. Jadon - Govt. Advocate for the State.
RESERVED ON : 23/06/2025
DELIVERED ON : 8/7/2025
ORDER
The present petition, under Article 226/227 of the Constitution of
India, has been filed by the petitioner being aggrieved by the order dated
12.04.2017 passed by Executive Engineer, Water Resources Department,
Bhopal whereby regular pay-scale on account of classification of the
petitioner was granted w.e.f. 25.11.2010 in place of 01.03.1993. The
petitioner is further aggrieved by the order dated 09.05.2018 whereby the
representation of the petitioner preferred in compliance of the order
dated 30.11.2013 passed by this Court in Writ Petition No.4565 of 2012
has been rejected. Aggrieved by the aforesaid, the petitioner had sought
following reliefs:
NEUTRAL CITATION NO. 2025:MPHC-GWL:12944
2 WP-26883-2018
"(i) That, the impugned order dated 12.04.2017
(Annexure P/1) & 09.05.2018 (Annexure P/2) may
kindly be set-aside.
(ii) That, the respondent authority be directed to
consider the case of the petitioner for granting the regular
pay scale from the date of classification i.e. 01.09.1993
and granted the arrears to the petitioner.
(iii) That, the other relief doing justice including
cost be awarded."
2. From perusal of the record, it transpires that the petitioner, who
was initially appointed on the post of Muster Clerk on 01.03.1983
(Annexure R/1) on a daily rated basis in the respondent department, was
held to be eligible for classification on 01.03.1993 on completion of 10
years of service from 01.03.1983 vide order dated 25.11.2010 wherein
his name was mentioned at Srl. No.12.
3. It is also transpires that the petitioner was granted benefit of pay
scale in light of the Policy promulgated by the State Government on 07th
October, 2016 whereby those daily rated employees who were not
regularized have been directed to be permanently classified and
minimum pay of respective category be paid to them. The policy dated
07.10.2016 was upheld by the Apex Court in the matter of Ram Naresh
Rawat vs. Ashwini Ray & Others reported in 2017 (3) SCC 436, but
since in light of the aforesaid judgment, the claim of the petitioner with
NEUTRAL CITATION NO. 2025:MPHC-GWL:12944
3 WP-26883-2018
regard to benefit of regular pay scale from 01.03.1993 has not been
extended, the present petition had been filed.
4. The salient features of Policy dated 7th October, 2016,
promulgated by the State Government for one-time scheme for
classification of all daily wage employees in the State are as under:
"(I) The Daily wage employees will now be
classified as "Sthayee Karmi".
(II) They would be classified in three categories,
i.e., Unskilled, Semi- skilled, and Skilled and their pay
scale would also be determined accordingly. Pay Scale of
a skilled employee is Rs. 5000-100-8000.
(III) They will be given the benefit of seniority and
their actual pay w.e.f. September 1, 2016 and their pay
scale will be determined based on the years of service
put in by them.
(IV) They would be entitled to Dearness Allows.
(Presently at 125%) (V) The pay fixation in the pay scale
will be applicable from 1.9.2016. Next increment in
salary will be given in September 2017.
(VI) On attaining the age of superannuation, they
would be entitled to Gratuity based on 15 days salary per
year during the period of service. Maximum limit of this
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4 WP-26883-2018
amount will be Rs. 1,25,000/- for unskilled, Rs.
1,50,000/- for semi-skilled, and Rs. 1,75,000/- for skilled
workers.
(VII) Such daily wager employees who were
working on 16.5.2007, and have also been in service as
on 1.9.2016 will be entitled to the pay scale mentioned
above and other benefits."
5. As per the said policy, it is clear that pay-scales have been
provided for Sthaikarmi under three categories; unskilled, semi-skilled
and skilled and in light of the said Policy, the case of the petitioner was
considered and he was kept in the skilled labour category and was
granted permanent status under the said category. The petitioner has
duly accepted the said Scheme and after giving consent to the
department for extension of benefit of such scheme, the benefit was
extended to him. The contention of the petitioner that he was classified
w.e.f. 01.03.1993 appears to be not proper, as it was the date when he
became eligible for consideration for the status of permanent
classification and not the date of classification itself and for the first
time, he was classified in the category of 'Trained Employee' vide order
dated 25.11.2010, thus, there is no ground for consideration of the
petitioner for granting the regular pay scale from 01.09.1993.
6. This Court in the light of the aforesaid discussion and in view of
the fact that benefits of Sthaikarmi have already been extended to him in
NEUTRAL CITATION NO. 2025:MPHC-GWL:12944
5 WP-26883-2018
the light of Scheme dated 17.10.2016, w.e.f. 25.11.2010, wherein a
particular pay scale has been provided and the acceptance of the
petitioner without any protest to the same doesn't make out any case for
interference in the present petition. Accordingly, no relief as prayed for
can be extended to the petitioner.
7. The present petition having sans merit is hereby dismissed.
(MILIND RAMESH PHADKE)
JUDGE
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Date: 2025.07.09 11:02:54 +05'30'
