IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SANJEEV SACHDEVA, CHIEF JUSTICE &

HON'BLE SHRI JUSTICE VINAY SARAF

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ON THE 18 OF NOVEMBER, 2025 WRIT APPEAL No. 2662 of 2025 THE STATE OF MADHYA PRADESH AND OTHERS Versus V.R. BARASKAR AND OTHERS Appearance:

Dr. S.S.Chouhan, learned Government Advocate for the appellant/State.

Shri Rajesh Kumar Soni, learned counsel for the respondents.

ORDER Per: Hon'ble Shri Justice Vinay Saraf

1. The instant intra court appeal has been preferred under Section

2(1) of the M.P. Uchcha Nyayalaya Khand Nyay Peeth Ko Appeal Adhiniyam, 2005 by the appellants by taking exceptions to the order passed by the learned Single Judge in W.P.No.20581/2016 on 11.07.2023 whereby the orders dated 19.11.2016 and 22.11.2016 issued for refixing of the payscale of the respondents were quashed. The appellants have also challenged the orders dated 02.05.2025 passed by the learned Single Judge in the same petition whereby the learned Single Judge has declined to recall or modify the order dated 11.07.2023.

2. With the consent of the parties, heard Shri S.S. Chouhan, learned Government Advocate for the appellants and Shri Rajesh Soni, learned counsel for the respondents for the purpose of final disposal of the appeal.

3. Short facts of the case are that the respondents were engaged in the appellants' organization on daily wages as Handpump Mechanic in the year 1980-82 and as per the policy of the State Government, the Handpump workers, those who had completed three years of service on or before 01.04.1987 were made members of Work Charged Establishment in the payscale of Rs.1150-1800 from the date of their appointment in the Work Charged Estabhlishment. Later on, the payscale was revised to Rs.950-1530 which was challenged by the respondents before the Labour Court and the Labour Court by order dated 25.02.1999 allowed the petition of the respondents and directed to fix their pay scale to Rs.1150-1800. The order of the Labour Court was challenged in W.P.No.3194/2004 which was dismissed by order dated 05.07.2004 and thereafter, the respondents were paid as per the payscale of Rs.1150-1800/-. However, the State Authorities vide orders dated 19.11.2016 and 22.11.2016 upon instructions of the Finance Department had decided to reduce the payscale of the respondents/employees from Rs.1100-1800 to Rs.950-1530. Said orders were challenged by the respondents in W.P.No.20581/2016, which was allowed by the learned single Judge by order dated 11.07.2023 holding that the State Government could not reduce the pay scale, which was already decided by the Labour Court and affirmed by the High Court and the orders dated 19.11.2016 and 22.11.2016 which issued for reduction of payscale were quashed with further direction that if any recovery has already been made, the same shall be liable to be refunded back with the interest @ 6%

per anum.

4. I.A.No.9536/2024 was filed by the State of M.P. in W.P.No.20581/2016 on the ground that the Apex Court in the case of State of M.P. Vs. Ajay Singh Rathor and Ors. in S.L.P.(C) No.1291/2016 vide order dated 27.01.2016 has held that the correct pay was Rs.950-1530 and therefore, the order requires to be recalled/modified. Said IA was dismissed by learned Single Judge on 02.05.2025. Said order has also been challenged in the present appeal.

5. Learned Government Advocate appears on behalf of the appellants submits that the impugned order dated 11.07.2023 is liable to be set aside as the learned Single Judge has failed to consider that the respondents are not entitled for the pay scale of Rs.1150-1800/- and the same was awarded to the respondents erroneously and it is causing additional financial burden upon the State. He further submits that the Supreme Court has held in the matter of Ajay Singh Rathor (supra) that proper pay scale is Rs.950-1530/- and therefore the order passed by the learned Single Judge is liable to be set aside. He further submits that the Finance Department has r