ORDER

1. This order shall govern disposal of Contempt Petition No.1037/2015 & Contempt Petition No. 1039/2015 as both the cases allege disobedience of order dated 18.5.2011 in W.P.(s) 6284/10 & W.P. (s) 6287/10 which were decided based on common order passed by learned single judge of this Court in a bunch of petitions including W.P. (S) 2600/09 [Mahesh Mishra v. State of M.P.] with following directions:-

“7. The relief claimed by the petitioners in these petitions is squarely covered by the judgment of this Court in Bhaskar Sharma's case referred above and in view of the judgment in the said case, Mr. Praveen Newaskar, learned Dy. Govt. Advocate appearing on behalf of the respondents/State submits that these petitions may also be disposed of by the Court by passing such order/orders, as may be deemed appropriate.

8. This Court does not find any reason not to grant the relief that has already been granted by this Court to several identically placed employees of the respondents. It shall also not be out of place to mention that the respondents themselves have implemented the direction given by this Court to Bhaskar Sharma's case to many of it's daily wagers, who were classified and conferred the status of permanent employee. Hence, in the opinion of this Court, the respondents cannot be permitted to discriminate between identically situated employees in the matter of grant of pay scale to them when they themselves have already classified the petitioners as permanent employees vide different classification orders passed in their cases from time to time. Accordingly, all these petitions are finally disposed of with directions to the respondents to grant regular pay scale to all the petitioners w.e.f. the date of classification orders by which they were classified and conferred the status of permanent employee. The arrears of salary be paid to them within a period of four months of receipt of certified copy of this order. It is made clear that the petitioners shall not be entitled to regular pay scale from the date they were classified as permanent employee in the classification order and this benefit of regular pay scale shall be given to them only from the date of passing of classification order their cases. Needless to mention that the counsel appearing on behalf of the petitioners have given up all the other reliefs, if any, claimed by them in the present petitions. Hence all other reliefs except the relief granted by today's order are dismissed as not pressed. There shall be no order as to costs.”

2. Pertinently order dated 18.5.2011 passed in W.P.(s) 6284/10 was challenged by State in W.A.629/2012 which was disposed of by order dated 8.10.2012 vide A/2 upholding the order of learned single judge with observation that execution of the order of learned single judge would be subject to final order passed by apex Court in similar cases.

2.1 For a considerable period of time, there were conflicting views about pecuniary entitlement of daily wager who was classified as permanent employee under Standing Orders. Some of the Courts held that a workman who is classified as permanent employee is entitled to all benefits which are admissible to substantively appointed person on corresponding post, while some of the Courts were of different views.

2.2 Difference of opinion between different Courts on the said issue came to be authoritatively answered by apex Court in the case of Ram Naresh Rawat v. Sri Ashwani Ray & Ors. reported in (2017) 3 SCC 436 by holding that the said two kinds of employees cannot be equated but a workman who has been classified as permanent employee under the Standing Order is entitled to minimum of pay scale admissible to a civil post without increments.

2.3 Said judgment of Ram Naresh Rawat (S) was delivered sometime in the end of 2015.

2.4 Thus, respondents in the present case were obliged to comply with the direction of learned Single Judge dated 18.5.2011 in 2015-16 by extending benefits emanating from the af