IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT th ON THE 9 OF OCTOBER, 2025 WRIT PETITION No. 6699 of 2017 PRAVEEN NAMDEV Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Devesh Sharma - Advocate for petitioner.

Shri K.K. Prajapati – Government Advocate for respondent/State.

ORDER

This petition, under Article 226 of Constitution of India, has been filed seeking the following relief (s):-

“7.1 That, the impugned action and order of respondent no.2 dt. 29/08/2017 Annexure P/1 may kindly be declared as illegal and the same may kindly be quashed.

7.2 That, any other relief, which this Hon’ble Court may deem fit and proper may also be given to the petitioner along with costs.”

2. It is submitted by learned counsel for petitioner that initially petitioner was appointed as daily wages employee on the post of Sub-Engineer. Thereafter, he approached the Labour Court for getting status of classified permanent employee.

The Labour Court allowed the petition of petitioner vide order dated 23.09.1999 and directed the respondents to classify petitioner with effect from 05.09.1993 on the post of Sub-Engineer and pay arrears of salary from the classification date. The respondents filed appeal against the order dated 23.09.1999 before Industrial Court and the Industrial Court dismissed the appeal of respondents vide order dated 17.05.2001. Thereafter, respondents filed a writ petition before this Court bearing WP. No.1957/2001 which was dismissed by order dated 17.12.2002. Respondents filed SLP No.22969/2005 which has also been dismissed by order dated 17.04.2006. Thereafter, the State Government preferred a Review Petition No.18796/2006 before the Apex Court which was also dismissed by order dated 05.12.2006. Then, respondent No.2 issued the order dated 14.01.2009 for regularization of petitioner. Thereafter, respondent No.2 issued the amended order dated 11.11.2011 by which seniority and all consequential benefits were extended with effect from 05.09.1993. Thereafter, vide order dated 15.12.2011, all consequential benefits were granted to petitioner. Petitioner submitted a representation dated 08.09.2016 with regard to grant of second pay-scale under time bound pay-scale scheme applicable to regular government servants. While considering his representation, respondents issued the order impugned dated 29.08.2017 by which orders dated 11.11.2011, 15.12.2011 and 20.03.2012 were cancelled and it was directed that time scale shall be admissible only from the date of regularization i.e. 14.01.2009 and it was also mentioned that petitioner is eligible to get first time scale after completion of 12 years of service after 14.01.2009 and also observed that applicant's position in the gradation list shall be in accordance with the date of regularization. Being aggrieved by that order, petitioner has filed the present petition.

3. It is submitted by learned counsel for petitioner that one similarly situated person i.e. Uma Shankar Tiwari filed Writ Petition No.4742/2021 [Uma Shankar Tiwari Vs. State of M.P. and others] and Writ Petition No.17869/2017 [Uma Shankar Tiwari Vs. State of M.P. and others] which were decided vide order dated 17.07.2025 and in identical situation, petitions preferred by Uma Shankar Tiwari were allowed and present petitioner is also entitled to the same relief.

4. Per contra, learned Government Advocate while opposing the prayer made by learned counsel for petitioner submitted that in the regularization order dated 14.01.2009 there is a Condition No.6 which for ready reference and convenience is reproduced below:

**6- budh ofj"Brk mi;a=h ¼flfoy½ ds in ij fu;qfDr fnukad ls fu/kkZfjr dh tk;sxh] ,oa nSfud osruHkksxh ds :i esa dh xbZ lsok dh x.kuk mi;a=h laoxZ esa ofj"Brk gsrq ekU; ugha dh TkkosxhA**

and as per the said condition petitioner is not entitled to get any relief. Learned State Counsel further submitted that petitioner is entitled to get all benefits from the date of re