ORDER

1. The present petition has been filed under Article 226 of the Constitution of India prays for the following reliefs:- (i) That a direction may kindly be given to the respondents to give the service benefit and minimum pay scale of the post of the permanent classified Sweeper from the date of his classification as permanent employee to the petitioner. And pay the arrears of salary on fixation of pay along with all consequence benefits with interest from the date of their Classification.

(ii) That the respondents may further be directed to treat the petitioner at par with their similarly placed co-employees with seniority and consequential benefits on the post of Sweeper from the date of his classification.

(iii) That, any other relief, which this Hon'ble Court may deem fit and proper may also be given to the petitioner along with costs.

Petitioner who happens to be a Sweeper submits that despite having been classified as a permanent employee by order dated 31.12.2004 (Annexure P/1), no benefit of regular pay scale has been extended to him.

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 Vs. Ashwini Ray reported in 2017 (Vol 3) SCC 436, relevant extract of which is reproduced below for convenience and ready reference:

4........The precise submission is that once they are conferred the status of permanent employee by the court and it is also categorically held that they are entitled to regular pay attached to the said post, not only the pay should be fixed in the regular payscale, the petitioners would also be entitled to the increments and other emoluments attached to the said post.

1 8 . Insofar as petitioners before us are 2 concerned they have been classified as 'permanent'. For this reason, we advert tothe core issue, which would determine the fate of these cases, viz., whether these employees can be treated as 'regular' employees in view of the aforesaid classification? In other words, with their classification as 'permanent', do they stand regularized in service?

26. From the aforesaid, it follows that though a 'permanent employee' has right to receive pay in the graded pay-scale, at the same time, he would be getting only minimum of the said pay-scale with no increments. It is only the regularization in service which would entail grant of increments etc. in the pay scale.

27. In view of the aforesaid, we do not find any substance in the contentions raised by the petitioners in these contempt petitions. We are conscious of the fact that in some cases, on earlier occasions, the State Government while fixing the pay scale, granted increments as well. However, if some persons are given the benefit wrongly, that cannot form the basis of claiming the same relief. It is trite that right to equality under Article 14 is not in negative terms (See Indian Council of Agricultural Research & Anr.

v. T.K. Suryanarayan & Ors.).

28. These contempt petitions are, accordingly, dismissed".

I n view of above, it is directed that in case it is found that the classification of the petitioner is intact, the petitioner shall be paid minimum of the pay scale admissible to the post on which he has been classified as permanent employee without any increment from the date of order of classification till the benefit of sthaikarmi is granted to him. If any arrears are worked out, the same shall be paid as expeditiously as possible preferably within a period of three months.

With the aforesaid directions, the instant petition stands disposed off.

E-copy/Certified copy as per rules/directions.

(MILIND RAMESH PHADKE)

JUDGE Rks