IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJ MOHAN SINGH st ON THE 1 OF NOVEMBER, 2023 WRIT PETITION No. 27625 of 2023 BETWEEN:-

1. KAPURCHAND MARKAM S/O SHRI SHIVLAL MARKAM, AGED ABOUT 46 YEARS, OCCUPATION: UNSKILLED PERMANENT EMPLOYEE R/O VILLAGE TUMDI TOAL MAGRDRRA DISTRICT BALAGHAT (MADHYA PRADESH)

2. KUWARLAL S/O SHRI SHYAMLAL, AGED ABOUT

58 YEARS, OCCUPATION: UNSKILLED PERMANENT EMPLOYEE R/O VILLAGE KOHKADABAR TEHSIL AND DISTRICT BALAGHAT (MADHYA PRADESH)

3. CHINTAMAN BANOTE S/O SHRI BATANLAL BANOTE, AGED ABOUT 51 YEARS, OCCUPATION: UNSKILLED PERMANENT EMPLOYEE R/O VILLAGE KOLHAWA POST BHAKHELI DISTRICT (MADHYA PRADESH)

4. DASHARAM MESHRAM S/O SHRI MOTIRAM MESHRAM, AGED ABOUT 54 YEARS, OCCUPATION: UNSKILLED PERMANENT EMPLOYEE R/O POST MEHGAWA THANA HATTA DISTRICT (MADHYA PRADESH)

5. ARUN KUMAR SURYAVANSHI S/O SHRI PRADUMN KUMAR SURYAVANSHI, AGED ABOUT 50 YEARS, OCCUPATION: UNSKILLED PERMANENT EMPLOYEE R/O WARD NO. 32 NARMADANAGAR DISTRICT (MADHYA PRADESH)

6. SHIVLAL BANOTE S/O SHRI KESHAV RAO BANOTE, AGED ABOUT 58 YEARS, OCCUPATION: UNSKILLED PERMANENT EMPLOYEE R/O VILLAGE BAGDARA POST AMEDA (AKHOLI)

DISTRICT BALAGHAT (MADHYA PRADESH)

7. RAMESH NATH S/O SHRI DASHRATH NATH, AGED ABOUT 61 YEARS, OCCUPATION: UNSKILLED Signature Not Verified PERMANENT EMPLOYEE R/O VILLAGE ALEJHARI TEHSIL WARASEONI DISTRICT (MADHYA PRADESH)

.....PETITIONER (BY SHRI MOHANLAL SHARMA - ADVOCATE )

AND

1. THE STATE OF MADHYA PRADESH THROUGH ITS PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT R/O MANTRALAYA VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. ENGINEER IN CHIEF PUBLIC WORKS DEPARTMENT NIRMAN BHAWAN ARERA HILLS BHOPAL (MADHYA PRADESH)

3. SUB DIVISIONAL OFFICER PUBLIC WORKS DEPARTMENT SUB DIVISION NO. 1 DISTRICT (MADHYA PRADESH)

4. EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT DIVISION NO.1 DISTRICT (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI ROHIT JAIN - GOVERNMENT ADVOCATE )

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

ORDER

Learned counsel for the petitioner contends that the controversy is squarely covered by the judgment passed in Ram Naresh Rawat Vs. Sri Ashwini Ray and Others, reported in (2017) 1 Apex Court Judgments (SC) 517 and the present writ petition has been preferred by the petitioners, seeking benefit of minimum pay scale along with Dearness Allowance.

2. Learned counsel for the petitioners submit that the issue in question is no more res integra in view of the law laid by the Hon'ble Apex Court in the case of Ram Naresh Rawat (supra). Precisely for the grievance in question, Signature Not Verified learned counsel for the petitioners submits that the petitioners would file their individual representations before the competent authority within a period of two weeks and in the event of doing so, the competent authority may be directed to consider their representations in accordance with law and pass appropriate orders on the basis of law and facts involved in individual cases.

3. Learned counsel for the State also submits that in case individual representations are filed by the petitioners, those would be considered by the competent authority in view of the facts of each case and the competent authority would thereafter take a call to decide the same on legal parameters.

4. It is made clear that, if the petitioners are ultimately found entitled to the relief in question, the same shall be paid to them without any further delay. Arrears, if any, shall also be worked out and shall be paid as early as possible, preferably within a period of 3 months after such assessment. There shall not be any such unnecessary impediment, once the petitioners are found to be entitled for such classification as permanent employees.

5. This Court has not made any such observation on the merits of the case. Each case shall be evaluated on merits and the competent authority shall pass the order without being influenced by any statement of fact made hereinabove.

6. Accordingly, petition stands disposed of.

(RAJ MOHAN S