Citation : 2026 Latest Caselaw 1897 MP
Judgement Date : 23 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:6800
1 WP-22575-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ASHISH SHROTI
ON THE 23rd OF FEBRUARY, 2026
WRIT PETITION No. 22575 of 2023
SMT. SUBHRA SHROTRIYA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Bhanu Prakash Singh - Advocate for the petitioner.
Smt. Monika Mishra - GA for the respondents/State.
ORDER
Petitioner, who is widow of late Shri Vivek Trivedi, has filed this petition praying for a direction to the respondents to extend the benefit of minimum of the pay-scale of the post of Sub Engineer in relation to her husband for the period from 13/10/1990 to 14/10/2004.
2. The facts as gathered from the records are that petitioner's husband late Shri Vivek Trivedi was working as Sub Engineer in the respondent/department. He was permanently classified vide order dated
15/10/2004 (Annexure P/3) w.e.f. 13/10/1990. Vide order dated 23/10/2023 (Annexure R/1), the respondents have extended the benefit of minimum of the pay-scale to the petitioner's husband for the period from 15/10/2004 to 15/10/2008. Petitioner is dissatisfied by the said decision of the respondents inasmuch as she claims the benefit from the date of classification instead of date of passing of order of classification.
NEUTRAL CITATION NO. 2026:MPHC-GWL:6800
2 WP-22575-2023
3. Learned counsel for the petitioner submitted that in similar case of one Ravi Kant Tripathi, this Court has already allowed the same benefit in W.P.No. 11028/2023. He submits that Shri Ravi Kant Tripathi was also classified by the same order by which the petitioner's husband has been classified. He therefore, submits that same order be passed in this case also.
4. On the other hand, learned counsel for the State submitted that petitioner's husband has already been extended the benefit of minimum of the pay-scale from the date of order of classification. She submits that there is no order for payment of said benefit from the date of classification. She thus prays for dismissal of the petition.
5. Considered the arguments and perused the record.
6. It is seen that the petitioner's husband as also Shri Ravi Kant Tripathi were permanently classified vide order dated 15/10/2004 (Annexure P/3). Shri Ravi Kant Tripathi had filed W.P.No. 11028/2023, which has been partly allowed by this Court vide order dated 12/8/2025. He has been given the benefit of minimum of the pay-scale of the post of Sub Engineer from the date of classification. Para 7 and 8 of the said decision being relevant are reproduced hereunder:-
"7. The argument raised by the learned counsel for the State runs contrary to the specific direction issued by this Court. This Court has directed that the benefit of permanent classification be given to the petitioner from the date of classification. Thus, the petitioner was entitled to minimum of the pay-scale of the post of Sub Engineer w.e.f. 24/1/1992, which has been actually granted to him w.e.f. 15/10/2004.
8. In view of the aforesaid, petition is partly allowed. The respondents are directed to give the benefit of minimum of the
NEUTRAL CITATION NO. 2026:MPHC-GWL:6800
3 WP-22575-2023 pay-scale of the post of Sub Engineer to the petitioner for the period from 24/1/1992 to 14/10/2004."
7. Petitioner's husband is also similarly placed, therefore, he is also entitled for the same benefit.
8. Accordingly, this petition is also partly allowed. Respondents are directed to extend the benefit of minimum of the pay-scale of the post of Sub Engineer to the petitioner for the period from 13/10/1990 to 14/10/2004. However, in the peculiar facts and circumstances of the case, petitioner shall not be entitled for any interest on the amount to be paid to her. Let needful be done within a period of 90 days from the date of submission of certified copy of this order.
9. Petition stands partly allowed and disposed of accordingly.
(ASHISH SHROTI) JUDGE
JPS/-
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