Rajesh Khare vs State of M. P. - 2021 Supreme(MP) 537

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(MP) 537

G. S. AHLUWALIA
Rajesh Khare – Appellant
Versus
State of M. P. – Respondent

Advocates:
B.B. Shukla for petitioner; Deepak Khot for respondent No.1/State.

ORDER

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

“(1) That, the petitioner may be regularize on a class IV Post since 5.3.1993.

(2) That, the petitioner be paid full pay of a IV Class employee i.e Rs. 4,000-80-7,000 with back arrears of pay

(3) That any other relief which this Hon'ble High Court deem fit may also be awarded.”

2. It is submitted by the counsel for the petitioner that the petitioner was appointed on the post of Sweeper by order dated 5.3.1993 at the Collectorate rate. It is further submitted that the petitioner was not regularized and ultimately he has been granted benefit of Viniyamitikaran Scheme floated by the State in the year 2016 and has been declared as Sthaikarmi. It is submitted that by order dated 24.7.2017 (Annexure P/7), he has been granted pay scale of Rs. 4,000-80-7,000/-. However, the petitioner is being paid monthly salary of Rs. 5,680/- ie 4,000+1,680 whereas he should have been paid salary in accordance to the pay scale of Rs. 4,000-80-7,000/-. It is further submitted that in fact, the petitioner is entitled for regularization.

3. Per contra, it is submitted by the counsel for

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