Madhya Pradesh High Court

Shivcharan Singh vs The State Of Madhya Pradesh on 1 May, 2025

Author: Gurpal Singh Ahluwalia

Bench: G. S. Ahluwalia

         NEUTRAL CITATION NO. 2025:MPHC-GWL:9593




                                                            1                           WP-15561-2025
                            IN      THE    HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                       BEFORE
                                        HON'BLE SHRI JUSTICE G. S. AHLUWALIA
                                                  ON THE 1 st OF MAY, 2025
                                              WRIT PETITION No. 15561 of 2025
                                                SHIVCHARAN SINGH
                                                      Versus
                                    THE STATE OF MADHYA PRADESH AND OTHERS
                         Appearance:
                                 Shri Vinay Kumar - Advocate for petitioner.

                                 Shri Jitesh Sharma - Government appearing on behalf of Advocate
                         General.

                                                                ORDER

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

"7.1 The concerning authority kindly be directed to extend benefits of Permanent Classified employees to the Petitioner, in accordance with law with a further to pay difference of salary, arrears of pay etc alongwith interest @ 18 % per annum. 7.2 Any other just and proper relief warranting under the facts and circumstances of the case be also given to the Petitioner, in the ends of justice."

2. It is submitted by counsel for petitioner that petitioner was employed daily wager as Worker (Shramik) in the respondents department. He was classified as permanent employee on the post of Worker (Shramik) by order dated 27/03/2006. It is further submitted that now he has been

NEUTRAL CITATION NO. 2025:MPHC-GWL:9593

2 WP-15561-2025 declared as Sthaikarmi. However, in the light of judgment passed by Supreme Court in the case of Ram Naresh Rawat Vs. Ashwini Ray reported in 2017 (3) SCC 436 , the benefit of minimum of regular pay scale without increment from the order of classification till extension of benefit of Sthaikarmi has not been paid and accordingly, it is submitted that petitioner is entitled for the minimum of regular pay scale without increment for the aforementioned period.

3 . Per contra, it is submitted by counsel for State that petitioner is entitled for minimum of regular pay scale without increment from the order of his classification only.

4. Heard the learned counsel for the parties. 5 . The petitioner was classified by order dated 27/03/2006.

Accordingly, if classification is intact and if he files representation before the authorities for grant of minimum pay scale from 27/03/2006 till the benefit of Sthaikarmi is given to him, then the said representation shall be decided as early as possible preferably within a period of one month from the date of representation in the light of judgment passed in the case of Ram Naresh Rawat (supra).

6. With aforesaid direction, the petition is finally disposed of.

(G. S. AHLUWALIA) JUDGE

Rashid