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2023 Supreme(MP) 261

MILIND RAMESH PHADKE
Shobha Ram Alias Radhey Shyam – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
A.P.S. Chauhan for petitioner; Vijay Sundaram, Panel Lawyer, for respondents/State.

ORDER

1. The present petition has been filed under Article 226 of the Constitution of India prays for the following relief:-

(i) That a direction may kindly be given to the respondents to pay the salary as per graded pay scale of the post of Helper to the petitioner from the date of his classification as per terms of order of Hon'ble Supreme Court passed in the case of Ram Naresh Rawat.

(ii) Any other relief, which this Hon'ble Court may deem fit and proper, may also be given to the petitioner.

2. Petitioner who happens to be a Helper submit that despite having been classified as a permanent employee, no benefit of regular pay scale has been extended to him.

3. It is submitted by the counsel for the petitioner that identical petitions have already been disposed of by the Co-ordinate Bench of this Court by order dated 5.9.2018 passed in W.P. No.20650/2018, relevant portion whereof reads as under:

"The law in regard to the benefits flowing from an order of classification is now settled in view of the decision of apex Court in the case of Ram Naresh Rawat v. Ashwini Ray reported in 2017 (Vol 3) SCC 436, relevant extract of which is reproduced below for convenience and ready reference:

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