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Madhya Pradesh High Court
Ashok Kumar Shrivastava vs The State Of Madhya Pradesh Thr on 6 January, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:424
1 WP. No. 2157 of 2016
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT
ON THE 6th OF JANUARY, 2026
WRIT PETITION No. 2157 of 2016
ASHOK KUMAR SHRIVASTAVA
Versus
THE STATE OF MADHYA PRADESH THR AND OTHERS
Appearance:
Shri D.P. Singh - Advocate for petitioner.
Shri Rajendra Jain - Government Advocate for respondents/State.
ORDER
This petition, under Article 226 of Constitution of India, has been filed
seeking the following relief (s):
"i) That, the order impugned dated 15.06.2015 contained in Annexure
- P/1 may kindly be quashed with a further direction to make fixation
of the pay of the petitioner in the pay scale at par with Kedarnath Jha
with a further direction to the respondents to extend all the benefits as
has been extended to Kedarnath Jha and revise his pay in the pay
scale of Rs.2750 - 4400 (as per 5th Pay Commission) from the date
from which the benefits as has been extended to Shri Kedarnath Jha.
ii) That, the respondents be further directed to make proper pay
fixation and pay difference of arrears with a further direction to pay
interest over the same @ 18% p.a., in the interest of justice.
NEUTRAL CITATION NO. 2026:MPHC-GWL:424
iii) That, any other relief which is suitable in the facts and
circumstances of the case in favour of the petitioner including the
costs throughout may also be granted."
2. Learned counsel for petitioner submits that petitioner was initially
appointed as daily wage employee on the post of Pump Attendant w.e.f.
04.03.1987. Thereafter, in pursuance of the decision taken by the Government of
Madhya Praesh in view of the policy dated 4.12.1987 and as per recommendation
of Screening Committee the services of petitioner was regularized as work
charged contingent employee along with many other persons vide order dated
29.2.1988. It is further submitted that petitioner as well as Kedarnath Jha were on
the same post and in the same category i.e. (1-Kha) as mentioned in the order
dated 29.2.1988. It is further submitted that same pay scale was specified by the
Finance Department for the post of Pump Attendant and Assistant Fitter. It is
further submitted that petitioner as well as Kedarnath Jha were in same cadre and
the services of both persons were regularized on the same scale initially.
Thereafter, by annexure P/5, respondents revised the pay scale (Rs.825-15-900-
20-1220) of Kedarnath Jha w.e.f. 1.5.1991. It is further submitted that by order
dated 2.2.1996, various similarly situated persons to petitioner holding the post
of pump attendant in Public Health Engineering Department (hereinafter referred
to as "PHE, Department") instead of pay scale of Rs. 775-1036, pay scale of
Rs.825-15-900-20-1220/- were granted by the PHE Department but the same pay
scale and same benefits were not extended in favour of petitioner. It is further
submitted that in an earlier round of litigation, the Co-ordinate Bench of this
Court while allowing W.P. No.1939/2003 on 18.1.2007 held that Pump
Attendant and Pump Driver are also entitled to the pay scale of pump operator.
NEUTRAL CITATION NO. 2026:MPHC-GWL:424
3. Per contra, learned counsel for respondents/State opposed the prayer made
by learned counsel for petitioner and supported the impugned order. Learned
Government Advocate submits that Kedarnath Jha was appointed on sanctioned
post of Assistant Fitter whereas petitioner was engaged as Pump Attendant;
therefore, he was rightly placed under 1-Kha by the committee and that does not
create any right to claim parity with Kedar Nath Jha; therefore, he prays to
dismiss the petition.
4. Heard the learned counsel for parties and perused the record.
5. Perusal of record reveals that the benefit to the similarly situated persons
has already been extended in W.P. No.1939/2003 by order dated 18.1.2007. The
relevant part of said order is quoted below:
5. Learned counsel for the petitioners placed on record the
order of General Administration Department dated 17 th
October, 2006. As per the aforesaid order the Government
considered the recommendation of Bhramswroop Committee
and decided that the Pump Operators would get pay scale of
Rs.3500-4590 and those pump Operators, who will be
appointed or promoted in future would be entitled to get pay
scale of Rs.2750-4400. Hence, the petitioners are entitled the
old pay scale of Rs.3050-4590.
6. Learned counsel for respondents does not dispute the
aforesaid order issued by the State Government dated 17th
October, 2006.
7. In my opinion, it is clear from the order dated 17 th
October, 2006 that the Government itself admitted that the
pump operators would be entitled the pay scale of Rs.3050-
4590 of Public Health Engineering Department, those Pump
Operators who have been appointed or promoted in future
would be entitled to get pay scale of Rs.2750-4400. Hence,
the petitioner are entitled to get pay scale of Rs. 3050-4590
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and the same pay scale is applicable to the Pump Attendants
Pump Drivers.
8. Consequently, petition of the petitioners is allowed. The
impugned order Annexure P/1 is hereby quashed. It is order
that the petitioners would be entitled to get pay scale of
Rs.3050-4590 the pay of the petitioners be revised
accordingly. They are entitled to arrears, that may also be
paid to them.
No order as to cost.
6. In the aforesaid writ petition, this Court has already held that Pump
Operators are also entitled to the same pay-scale which is applicable to Pump
Attendants/ Pump Drivers. In the earlier round of litigation, this Court had
specifically directed the respondents to consider and decide the representation of
petitioner by taking into account the judgment passed in W.P. No.1939/2003 and
also by taking into account the claim of parity from similarly situated employees
of P.H.E. Department. However, both the above aspects were not considered by
respondents while considering/deciding the case of petitioner and the
representation of petitioner was rejected by passing non-speaking and unreasoned
order dated 15.6.2015.
7. Keeping in view the aforesaid facts and circumstances of the case and in
the light of order dated 18.1.2007 passed in W.P. No.1939/2003 and as the
similar pay scale was given to Pump Attendants of P.H.E. Department by order
dated 2.2.1996 (annexure P/6), the petitioner cannot be discriminated as the
petitioner is the employee of PWD and is not the employee of PHE Department
as both the departments are of State of M.P. Accordingly, this petition is
disposed of in following terms:
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(i) The order dated 15.6.2015 passed by the respondent
is hereby quashed;
(ii) respondents are directed to give all consequential
benefits to petitioner at par with Kedarnath Jha;
(iii) respondents shall revise the pay scale of petitioner
and extend same benefit to petitioner which has already
been extended to Kedarnath Jha;
(iv) the arrears of revise pay scale fixation would be
extended to petitioner by respondent;
(v) Respondents are directed to comply with aforesaid
direction within a period of three months from the date
of receipt of certified copy of this order. If respondents
shall not comply the aforesaid direction within a
period of three months from the date of receipt of
certified copy of this order, petitioner would be
entitled to get interest at the rate of 6% per annum on
the said amount from the date of entitlement till its
actual payment.
8. Pending interlocutory application, if any, is disposed of.
(Anand Singh Bahrawat)
Judge
Ahmad
