IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL th ON THE 6 OF MAY, 2024 WRIT PETITION No. 12626 of 2020 BETWEEN:-

1. TULSIDAS VERMA S/O KOUSHAL PRASAD VERMA, AGED ABOUT 54 YEARS, OCCUPATION: EDUCATION LABOUR (PERMENT EMPLOYEE) WATER RESOURCES DEPARTMENT O/O EXECUTIVE ENGINEER UPPER PURVA NEHAR SAMBHAG VAN SAGAR COLONY REWA (MADHYA PRADESH)

2. RAJDHAR PATEL S/O DAL PRASAD PATEL, AGED ABOUT 50 YEARS, OCCUPATION: SEMI SKILLED LABOUR (PERMANENT EMPLOYEE) WATER RESOURCES DEPTT. E/O EXECUTIVE ENGINEERUPPER PURVA NEHAR SAMBHAG BAN SAGAR COLONY (MADHYA PRADESH)

3. RAMSUJAN KAHAR S/O VISHRAM KAHAR, AGED ABOUT 58 YEARS, OCCUPATION: EDUCATED LABOUR ( PERMANENT EMPLYEE) WATER RESOURCES DEPTT. O/O EXECUTIVE ENGINEER UPPER PURVA NEHAR SAMBHAG VAN SAGAR COLONY REWA (MADHYA PRADESH)

4. BHAIYALAL MISHRA S/O BALMIK MISHRA, AGED ABOUT 56 YEARS, OCCUPATION: CHOUKIDAR (PERMANENT EMPLOYEE) EXECUTIVE ENGINEER UPPER PURVA NEHAR SAMBHAG BAN SAGAR COLONY REWA (MADHYA PRADESH)

.....PETITIONERS (BY SHRI VIJAY CHANDRA RAI - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THR.

PRINCIPAL SECRETARY WATER RESOURCES DEPARTMENT VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. EXECUTIVE ENGINEER WATER RESOURCE Signature Not Verified Signed by: KOUSHALENDRA DEPARTMENT TULSI NAGAR BHOPAL (MADHYA PRADESH)

3. CHIEF ENGINEER WATER RESOURCE DEPARTMENT GANGA KACHHAR REWA (MADHYA PRADESH)

4. EXECUTIVE ENGINEER UPPER PURVA NEHAR DIVISION BANSAGAR COLONY REWA (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SUYASH THAKUR - GOVERNMENT ADVOCATE)

This petition coming on for admission this day, the court passed the following:

ORDER

This petition is filed by the petitioners who were working as chowkidar in the Water Resources Department under the Executive Engineer, Upper Purva Nehar Division, Ban Sagar, Rewa whereby vide order Annexure P-5 dated 30.07.2019 respondents have undertaken exercise of correction of pay - fixation of the petitioners in terms of GAD circular dated 07.10.2016 on the ground that the petitioners were appointed on different dates as chowkidar which is an unskilled labourer. They were granted pay-scale of skilled labourer and that erroneous pay fixation and grant of pay is sought to be corrected by the impugned order.

When this Court wanted to know from the petitioners' counsel that when were the petitioners classified as skilled labourers or in the alternative to show that the petitioners were entitled to be classified as skilled labourers, it is fairly admitted that by virtue of their initial engagement as chowkidar/watchman they are not entitled to be classified as skilled labourer.

In view of such fact, correction of fixation in terms of GAD circular dated 07.10.2016 cannot be faulted with. However, concerned Executive Signature Not Verified Signed by: KOUSHALENDRA Engineer who was made erroneous pay fixation will be responsible for such erroneous pay fixation and departmental enquiry/recovery may be issued against the said Executive Engineer rather than making any recovery from the petitioners.

Therefore, recovery, if any, is hereby quashed. Respondents State will be free to make recovery from the concerned Executive Engineer who had erroneously made pay fixation. However, revised pay-fixation is upheld and that does not call for any interference.

In the above terms, the petition is disposed of.

VIVEK AGARWAL)

JUDGE ks Signature Not Verified Signed by: KOUSHALENDRA