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2022 Supreme(Online)(MP) 4700
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE ON THE 12th OF OCTOBER, 2022 WRIT PETITION No. 22589 of 2022 BETWEEN:- SMT. RAJA BETI W/O LATE SHRI BHAN SINGH, AGED ABOUT 62 YEARS, OCCUPATION: UNEMPLOYED R/O KISHORGARH, DABRA, DISTT. GWALIOR (MADHYA PRADESH)
.....PETITIONER (BY SHRI B.P.SINGH - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY THROUGH WATER RESOURCES DEPARTMENT MANTRALAYA VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. ENGINEER IN CHIEF WATER RESOURCE DEPARTMENT JAL SANSADHAN BHAWAN, TULSI NAGAR, BHOPAL (MADHYA PRADESH)
3. CHIEF ENGINEER YAMUNA BASIN, WATER RESOURCES DEPARTMENT CHAMBAL COLONY, THATIPUR, GWALIOR (MADHYA PRADESH)
4. EXECUTIVE ENGINEER HARSI WATER RESOURCES DEPARTMENT DABRA, GWALIOR (MADHYA PRADESH)
.....RESPONDENTS (BY SHRI ROHIT SHRIVASTAVA - PANEL LAWYER)
This petition coming on for hearing this day, the court passed the following:
Bhanu Prakash Singh,Advocate General
ORDER
This petition under Article 226 of the Constitution of India has been filed seeking the following relief:- (i) That, a direction may kindly be given to the respondents to pay the petitioner the claim of her husband as minimum of the pay of classified post of her husband as per graded pay scale from the date of classification of her husband till the date of his Sthai Karmi i.e. 31.8.2016 as held by the Hon'ble Supreme Court 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.
It is submitted by the counsel for the petitioner that husband of the petitioner was employed as daily wages as helper/labour in the respondents department. The husband of the petitioner was classified as permanent employee on the post of helper/labour by order dated 25/10/2005.The husband of the petitioner has expired on 08/11/2017. However, in the light of judgment passed by Supreme Court in the case of Ram Naresh Rawat Vs. Ashwini Ray reported in 2017 (3) SCC 436, the benefit of minimum of regular pay scale without increment from the date of classification till the date of Sthai Karmi i.e. 31.8.2016 of her husband has not been paid and accordingly, it is submitted that the husband of the petitioner is entitled for the minimum of regular pay scale without increment for the aforementioned period.
Per contra, it is submitted by the counsel for the State that the husband of the petitioner is entitled for the minimum of the regular pay scale without increment from the date of his classification only.
Heard the learned counsel for the parties.
The husband of the petitioner was classified by order dated 25/10/2005.
Accordingly, if the classification is intact and if she files a representation before the authorities for grant of minimum pay scale from 25/10/2005 till the date of Sthai karmi i.e. 31.08.2016 of the husband of the petitioner, then the said representation shall be decided as early as possible preferably within a period of one month from the date of representation in the light of judgment passed in the case of Ram Naresh Rawat (supra).
With the aforesaid direction, the petition is finally disposed of.
(MILIND RAMESH PHADKE)
JUDGE
