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MADHYA PRADESH HIGH COURT AT JABALBUR BENCH
Rajendra Menon, J.
Rupram Yadav - Appellant
Versus
State of M.P.and Others - Respondent
W.P. No. 6688 of 2010
Decided On : 21-05-2010
Standing Orders - Employment - Classification of Employee for Pay Scale
Fact of the Case:
The petitioner, classified as a permanent driver under the Standard Standing Orders formulated under the M.P. Employment Standing Order Act, claimed regular pay-scale attached to the post of driver.
Finding of the Court:
The court found that the petitioner's claim was based on the principles established in previous cases, particularly the case of State of M.P. vs. Hariram, where it was held that classification of an employee entitles them to the pay scale of the post on which they have been classified as a permanent employee.
Issues: The issue was whether the petitioner was entitled to the regular pay-scale based on their classification as a permanent driver under the Standing Standard Orders.
Ratio Decidendi: The court relied on the legal principle established in the case of State of M.P. vs. Hariram, which held that the classification of an employee entitles them to the pay scale of the post on which they have been classified as a permanent employee.
Final Decision: The petition was allowed, and the respondents were directed to grant the petitioner the regular pay-scale to the post on which he has been classified in accordance with the provisions of the Standing Standard Orders.
JUDGMENT :
Shri S. Tamrakar, learned counsel for the petitioner. Shri Vivek Agrawal, Government Advocate for the State.2. Petitioner has been classified as a permanent driver in accordance to the provisions of the Standard Standing Orders formulated under the M. P. Employment Standing Order Act, petitioner claims regular pay-scale attached to the post of driver.
3. Claim made by the petitioner is based on the principles laid down by this Court in the case of State of M. P. vs. Hariram and ors., 2008(3) MPLJ 51 7 and an earlier judgment in the case of Engineer-In-Chief, P.H.E.D. and ors. vs. Budha Rao Magarde and ors., 2002(1) MPLJ 385, in the cases referred to herein, particularly in the case of Hariram (supra) in para 10 and 12 after taking note of various judgments of this Court, so also of the Supreme Court, particularly, the law laid down in the case of Budha Rao (supra) it has been held by a Bench of this Court that classification of an employee entitles to get the pay scale to the post on which he has been classified as a permanent employee. Keeping in view law laid down in the case of Hariram (supra) and observations made in para 1 0 and 12 therein, there is no reason as to why benefit as claimed by the petitioner be not granted.
4. Accordingly, this petition is allowed, respondents are directed to grant to the petitioner regular pay-scale to the post on which he has been classified in accordance to the provisions of the Standing Standard Orders. Necessary action for payment of salary and other benefit be extended to the petitioner within three months from the date of receipt of certified copy of this order.
5. The petition stands disposed of with the aforesaid. Certified copy as per rules.
Petition allowed.
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