Madhya Pradesh High Court
Vinod Kumar Tiwari vs The State Of Madhya Pradesh on 5 March, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:10397
1 WP-14563-2020
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 5 th OF MARCH, 2025
WRIT PETITION No. 14563 of 2020
NARENDRA KUMAR TIWARI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ajay Kumar Shukla - Advocate for the petitioner.
Shri Abhijeet Awasthi - Deputy Advocate General for the State.
WITH
WRIT PETITION No. 14578 of 2020
VINOD KUMAR TIWARI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ajay Kumar Shukla - Advocate for the petitioner.
Shri Abhijeet Awasthi - Deputy Advocate General for the State.
WRIT PETITION No. 14896 of 2020
RAMLAL NAPIT
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ajay Kumar Shukla - Advocate for the petitioner.
Shri Abhijeet Awasthi - Deputy Advocate General for the State.
WRIT PETITION No. 15119 of 2020
GOKUL PRASAD KUSHWAHA
Versus
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 3/10/2025
10:58:23 AM
NEUTRAL CITATION NO. 2025:MPHC-JBP:10397
2 WP-14563-2020
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ajay Kumar Shukla - Advocate for the petitioner.
Shri Abhijeet Awasthi - Deputy Advocate General for the State.
WRIT PETITION No. 15227 of 2020
JAGDISH PRASAD NAI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ajay Kumar Shukla - Advocate for the petitioner.
Shri Abhijeet Awasthi - Deputy Advocate General for the State.
WRIT PETITION No. 15356 of 2020
BUDDASEN SONDHIYA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ajay Kumar Shukla - Advocate for the petitioner.
Shri Abhijeet Awasthi - Deputy Advocate General for the State.
WRIT PETITION No. 15883 of 2020
BHEEMSEN PATEL
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ajay Kumar Shukla - Advocate for the petitioner.
Shri Abhijeet Awasthi - Deputy Advocate General for the State.
WRIT PETITION No. 16666 of 2020
KAUSHLENDRA SINGH
Versus
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 3/10/2025
10:58:23 AM
NEUTRAL CITATION NO. 2025:MPHC-JBP:10397
3 WP-14563-2020
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ajay Kumar Shukla - Advocate for the petitioner.
Shri Abhijeet Awasthi - Deputy Advocate General for the State.
WRIT PETITION No. 17283 of 2020
AMAR BAHADUR SINGH
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ajay Kumar Shukla - Advocate for the petitioner.
Shri Abhijeet Awasthi - Deputy Advocate General for the State.
WRIT PETITION No. 17284 of 2020
KRISHNPAL SINGH
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ajay Kumar Shukla - Advocate for the petitioner.
Shri Abhijeet Awasthi - Deputy Advocate General for the State.
WRIT PETITION No. 18283 of 2020
RAMNARESH BARI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ajay Kumar Shukla - Advocate for the petitioner.
Shri Abhijeet Awasthi - Deputy Advocate General for the State.
ORDER
All these petitions are filed seeking similar reliefs and are based on identical
facts, therefore, they are being decided by this common order. Reference to facts
NEUTRAL CITATION NO. 2025:MPHC-JBP:10397
4 WP-14563-2020
and documents is taken from Writ Petition No.14563 of 2020.
Learned counsel for the petitioners at the outset submits that though the
petitioners have also prayed for setting aside Clause 1.5 of the policy dated
07.10.2016 but looking to the law settled by this Court and the Hon'ble Supreme
Court in various cases, they are giving up relief in the matter of challenge to
Clause 1.5 of circular dated 07.10.2016. However, they are pressing these
petitions for other reliefs claimed in these petitions.
The petitioners were initially engaged as daily wages employees on various
dates in the Water Resources Department and after being considered under policy
dated 07.10.2016, these petitioners have been granted the benefits of sthayee
karmi policy (skilled, semi-skilled or unskilled) and are getting the payscale as per
the policy dated 07.10.2016 and there is no dispute to that fact, nor any
interference is sought in that matter.
The grievance of the petitioners is that after working as daily rated
employees for a long time, the petitioners were classified by the respondents by
various orders issued prior to 07.10.2016 and since the petitioners were classified
employees before 07.10.2016 itself, therefore, the petitioners are entitled to get
minimum of the regular payscale with dearness allowance but without increment
in accordance with the judgment of the Hon'ble Supreme Court in the case of Ram
Naresh Rawat Vs. Ashwini Ray and others reported in 2017 (3) SCC 436.
Counsel for the State on the other hand submits that if the petitioners
approach the competent authorities raising their grievance in detail by pointing
out the classification order issued prior to 07.10.2016 then the authority shall
dwell upon the claims of the petitioners in accordance with law.
Considering the rival submissions, these petitions are disposed off directing
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the petitioners to submit a detailed representations before the respondents pointing
out the classification order issued prior to 07.10.2016. In the event of existence of
such classification order, the respondents shall consider the cases of the petitioners
in accordance with the judgment of the Hon'ble Supreme Court in the case of Ram
Naresh Rawat (supra) and if the petitioners are found to be classified employees,
then shall grant a minimum of the payscale without increment in accordance with
the judgment of the Hon'ble Supreme Court in the case of Ram Naresh Rawat
(supra) till 07.10.2016 from which date the petitioners have already been granted
the status of sthayee karmi.
Let the aforesaid exercise be completed within a period of two months from
the date of production of certified copy of this order.
Accordingly, petitions stand disposed of .
(VIVEK JAIN)
JUDGE
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