Madhya Pradesh High Court
Ramswaroop Lowanshi vs The State Of Madhya Pradesh on 20 June, 2023
Author: Nandita Dubey
Bench: Nandita Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE NANDITA DUBEY
ON THE 20 th OF JUNE, 2023
WRIT PETITION No. 10925 of 2023
BETWEEN:-
1. RAMSWAROOP LOWANSHI S/O LATE SHRI
RAMESHWAR LOWANSHI, AGED ABOUT 63
YEARS, PERMANENT EMPLOYEE (RETD.) WATER
RESOURCE DEPARTMENT O/O THE SUB
DIVISIONAL OFFICER DISTRIBUTION SUB
DIVISION BHILADIA SEONI MALWA,DISTRICT-
NARMADAPURAM (MADHYA PRADESH)
2. KAMAL SINGH KAHAR S/O SHRI LATE BABULAL
KAHAR, AGED ABOUT 55 YEARS, PERMANENT
EMPLOYEE WATER RESOURCE DEPARTMENT
O/O THE SUB DIVISIONAL OFFICER
DISTRIBUTION SUB DIVISION BHILADIYA SEONI
MALWA, DISTRICT-NARMADAPURAM (MADHYA
PRADESH)
3. BRAJMOHAN RAGHUWANSHI S/O SHRI
RAMAVTAR RAGHUWANSHI, AGED ABOUT 56
Y E A R S , PERMANENT EMPLOYEE WATER
RESOURCE DEPARTMENT O/O THE SUB DIVISION
OFFICER MAKDAI SUB DIVISION SEONI MALWA
DISTRICT NARMADAPURAM (MADHYA
PRADESH)
4. BADRIPRASAD LOWANSHI S/O SHRI RATIRAM
LOWANSHI, AGED ABOUT 55 YEARS, PERMANENT
EMPLOYEE WATER RESOURCE DEPARTMENT
O/O THE SUB DIVISION OFFICER MAKDAI SUB
DIVISION SEONI MALWA DISTRICT-
NARMADAPURAM (MADHYA PRADESH)
5. LAKHAN SINGH S/O SHRI KODAR SINGH, AGED
ABOUT 52 YEARS, PERMANENT EMPLOYEE
WATER RESOURCE DEPARTMENT O/O THE SUB
DIVISION OFFICER BHILADIA SUB DIVISION
SEONI MALWA DISTRICT-NARMADAPURAM
(MADHYA PRADESH)
6. PRATAP S/O SHRI LAKHAN LAL, AGED ABOUT 55
Signature Not Verified
Signed by: JITIN KUMAR
CHOURASIA
Signing time: 6/20/2023
5:47:43 PM
2
YEARS, PERMANENT EMPLOYEE WATER
RESOURCE DEPARTMENT O/O THE SUB DIVISION
OFFICER (E/M) SEONI MALWA DISTRICT-
NARMADAPURAM (MADHYA PRADESH)
7. MADAN LAL S/O SHRI SHYAM LAL, AGED ABOUT
56 YEARS, PERMANENT EMPLOYEE WATER
RESOURCE DEPARTMENT O/O THE SUB DIVISION
OFFICER BHILADIA SUB DIVISION SEONI MALWA
DISTRICT- NARMADAPURAM (MADHYA
PRADESH)
8. SANTOSH S/O SHRI MURAT SINGH LOWANSHI,
AGED ABOUT 52 YEARS, PERMANENT EMPLOYEE
WATER RESOURCE DEPARTMENT O/O SUB
DIVISION OFFICER BHILADIA SUB DIVISION
(E/M) SEONI MALWA DISTRICT-
NARMADAPURAM (MADHYA PRADESH)
9. GAURI SHANKAR S/O SHRI BARJOR SINGH, AGED
ABOUT 53 YEARS, PERMANENT EMPLOYEE
WATER RESOURCE DEPARTMENT O/O SUB
DIVISION OFFICER BHILADIA SUB DIVISION
SEONI MALWA DISTRICT-NARMADAPURAM
(MADHYA PRADESH)
10. ULLAS GURAV S/O LATE SHRI VASUDEV GURAV,
AGED ABOUT 71 YEARS, PERMANENT EMPLOYEE
(RETD.) WATER RESOURCE DEPARTMENT O/O
THE SUB DIVISION OFFICER TAWA WATER NIKAS
SUB DIVISION NO. 1 NARMADAPURAM (MADHYA
PRADESH)
11. SUKHLAL SINGH S/O LATE SHRI RAM VISHWAS,
AGED ABOUT 67 YEARS, PERMANENT EMPLOYEE
(RETD.) WATER RESOURCE DEPARTMENT O/O
SUB DIVISION OFFICER TAWA WATER NIKAS SUB
DIVISION NO. 1 NARMADAPURAM (MADHYA
PRADESH)
12. ARJUN GOUR S/O SHRI PRABHU DAYAL GOUR,
AGED ABOUT 58 YEARS, PERMANENT EMPLOYEE
WATER RESOURCE DEPARTMENT O/O SUB
DIVISION OFFICER TAWA WATER NIKAS SUB
DIVISION NO. 1 NARMADAPURAM (MADHYA
PRADESH)
13. PARASRAM PATEL S/O SHRI DAYALI PATEL,
AGED ABOUT 51 YEARS, PERMANENT EMPLOYEE
WATER RESOURCE DEPARTMENT O/O SUB
DIVISION OFFICER SUB CANNEL SUB DIVISION
NO. 11 NARMADAPURAM (MADHYA PRADESH)
Signature Not Verified
Signed by: JITIN KUMAR
CHOURASIA
Signing time: 6/20/2023
5:47:43 PM
3
14. SHARAFAT KHAN S/O SHRI AMIR KHAN, AGED
ABOUT 56 YEARS, PERMANENT EMPLOYEE
WATER RESOURCE DEPARTMENT O/O SUB
DIVISION OFFICER SUB CANNEL SUB DIVISION
NO. 11 NARMADAPURAM (MADHYA PRADESH)
15. RAMKISHAN S/O SHRI LIKHI RAM CHOUREY,
AGED ABOUT 59 YEARS, PERMANENT EMPLOYEE
WATER RESOURCE DEPARTMENT O/O SUB
DIVISION OFFICER SUB CANNEL SUB DIVISION
NO. 11 NARMADAPURAM (MADHYA PRADESH)
16. BHAGIRATH PRASAD SONI S/O SHRI DHAMMU
LAL SONI, AGED ABOUT 65 YEARS, PERMANENT
EMPLOYEE (RETD.) WATER RESOURCE
DEPARTMENT O/O SUB DIVISION OFFICER SUB
CANNEL SUB DIVISION NO. 11 NARMADAPURAM
(MADHYA PRADESH)
17. LAKHAN LAL BAMNE S/O SHRI BALCHAND
BAMNE, AGED ABOUT 65 YEARS, PERMANENT
EMPLOYEE (RETD.) WATER RESOURCE
DEPARTMENT O/O SUB DIVISION OFFICER SUB
CANNEL SUB DIVISION NO. 11 NARMADAPURAM
(MADHYA PRADESH)
18. HARIRAM S/O SHRI MANNULAL YADAV, AGED
ABOUT 60 YEARS, PERMANENT EMPLOYEE
WATER RESOURCE DEPARTMENT O/O SUB
DIVISION OFFICER SUB CANNEL SUB DIVISION
NO. 11 NARMADAPURAM (MADHYA PRADESH)
19. JAGDISH PRASAD S/O SHRI GARIBDAS MALVIYA,
AGED ABOUT 57 YEARS, PERMANENT EMPLOYEE
WATER RESOURCE DEPARTMENT O/O SUB
DIVISION OFFICER SUB CANNEL SUB DIVISION
NO. 11 NARMADAPURAM (MADHYA PRADESH)
20. NARMADA PRASAD S/O SHRI RAMDAYAL
BARKHANE, AGED ABOUT 58 YEARS,
PERMANENT EMPLOYEE WATER RESOURCE
DEPARTMENT O/O SUB DIVISION OFFICER SUB
CANNEL ITARSI SUB DIVISION NO. 12
NARMADAPURAM (MADHYA PRADESH)
21. SAHIB LAL CHOUREY S/O SHRI PANNA LAL
CHOUREY, AGED ABOUT 67 YEARS, PERMANENT
EMPLOYEE (RETD.) WATER RESOURCE
DEPARTMENT O/O THE SUB DIVISION OFFICER
SUB CANNEL SUB DIVISION CANNEL 11
NARMADAPURAM (MADHYA PRADESH)
Signature Not Verified
Signed by: JITIN KUMAR
CHOURASIA
Signing time: 6/20/2023
5:47:43 PM
4
22. MANGAL SINGH SAHU S/O SHRI SHYAM LAL
SAHU, AGED ABOUT 65 YEARS, PERMANENT
EMPLOYEE (RETD.) WATER RESOURCE
DEPARTMENT O/O THE SUB DIVISION OFFICER
MAKDAI SUB DIVISION SEONI MALWA DISTRICT-
NARMADAPURAM (MADHYA PRADESH)
23. KAMAL SINGH S/O SHRI MOTISINGH BHILALA,
AGED ABOUT 49 YEARS, PERMANENT EMPLOYEE
WATER RESOURCE DEPARTMENT O/O THE SUB
DIVISION OFFICER BHILADIA SUB DIVISION
(E/M) SEONI MALWA DISTRICT-
NARMADAPURAM (MADHYA PRADESH)
24. MAHENDRA SAMDANI S/O LATE SHRI LAKSHMI
NARAYAN SAMDANI, AGED ABOUT 62 YEARS,
PERMANENT EMPLOYEE WATER RESOURCE
DEPARTMENT O/O TAWA PARIYOJANA DIVISION
SHEERSH KARYA SUB DIVISION TAWANAGAR
ITARSI NARMADAPURAM (MADHYA PRADESH)
25. SHIVPAL SINGH GOUR S/O LATE SHRI AMAR
SINGH GOUR, AGED ABOUT 50 YEARS,
PERMANENT EMPLOYEE WATER RESOURCE
DEPARTMENT O/O THE ENGINEER IN CHIEF
NARMADA BHAWAN BHOPAL (MADHYA
PRADESH)
26. SHANKAR SINGH SISODIYA S/O SHRI AMAR
SINGH SISODIYA, AGED ABOUT 58 YEARS,
PERMANENT EMPLOYEE WATER RESOURCE
DEPARTMENT O/O THE ENGINEER IN CHIEF
NARMADA BHAWAN BHOPAL (MADHYA
PRADESH)
27. HARI GOVIND MAITHIL S/O LATE SHRI HALKE
PRASAD MAITHIL, AGED ABOUT 57 YEARS,
PERMANENT EMPLOYEE WATER RESOURCE
DEPARTMENT O/O THE ENGINEER IN CHIEF
NARMADA BHAWAN BHOPAL (MADHYA
PRADESH)
28. SHANTA BAI W/O LATE SHRI MAHADEO, AGED
ABOUT 70 YEARS, PERMANENT EMPLOYEE
(RETD.) WATER RESOURCE DEPARTMENT O/O
SUB DIVISION OFFICER TAWA SHREESH KARYA
SUB DIVISION TAWANAGAR NARMADAPURAM
(MADHYA PRADESH)
29. SHANKAR RAO TATASKAR S/O LATE SHRI
LAKSHMAN RAO TATASKAR, AGED ABOUT 65
Signature Not Verified
Signed by: JITIN KUMAR
CHOURASIA
Signing time: 6/20/2023
5:47:43 PM
5
YEARS, PERMANENT EMPLOYEE (RETD.) WATER
RESOURCE DEPARTMENT O/O SUB DIVISION
OFFICER TAWA SHREESH KARYA SUB DIVISION
TAWANAGAR NARMADAPURAM (MADHYA
PRADESH)
30. VISHNU PRASAD SONI S/O LATE M.L. SONI, AGED
ABOUT 62 YEARS, PERMANENT EMPLOYEE
WATER RESOURCE DEPARTMENT O/O SUB
DIVISIONAL OFFICER SUB CANNEL SUB DIVISION
NARMADAPURAM (MADHYA PRADESH)
31. MOHAN LAL SONI S/O LATE SHRI JHALMAN
PRASAD SONI, AGED ABOUT 62 YEARS,
PERMANENT EMPLOYEE WATER RESOURCE
DEPARTMENT O/O SUB DIVISIONAL OFFICER SUB
CANNEL SUB DIVISION NARMADAPURAM
(MADHYA PRADESH)
.....PETITIONERS
(BY SHRI SHAILESH TIWARI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY WATER RESOURCES
DEPARTMENT VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. THE ENGINEER IN CHIEF WATER RESOURCES
D EPARTM EN T NARMADA BHAVAN BHOPAL
(MADHYA PRADESH)
3. THE CHIEF ENGINEER CHAMBAL BETWA
KACHAAR PROJECT BHOPAL (MADHYA
PRADESH)
4. THE CHIEF ENGINEER WATER RESOURCES
D E PA R T M E N T NEAR COLLECTOR OFFICE
NARMADAPURAM (MADHYA PRADESH)
5. THE EXECUTIVE ENGINEER WATER RESOURCES
DEPARTMENT WRD DIVISION BHOPAL (MADHYA
PRADESH)
6. THE EXECUTIVE ENGINEER WATER RESOURCES
D E PA R T M E N T SEONI MALWA DISTRICT-
NARMADAPURAM (MADHYA PRADESH)
7. THE EXECUTIVE ENGINEER WATER RESOURCES
Signature Not Verified
Signed by: JITIN KUMAR
CHOURASIA
Signing time: 6/20/2023
5:47:43 PM
6
DEPARTM ENT TAWANAGAR DIVISION ITARSI
DISTRICT NARMADAPURAM (MADHYA
PRADESH)
8. THE EXECUTIVE ENGINEER WATER RESOURCES
D E PA R T M E N T KOLAR CANNEL DIVISION
NASRULLAGANJ DISTRICT SEHORE (MADHYA
PRADESH)
9. THE SUB DIVISIONAL OFFICER WATER
RESOURCES DEPARTMENT MAKDAI SUB
DIVISION SEONI MALWA (MADHYA PRADESH)
10. THE SUB DIVISIONAL OFFICER WATER
RESOURCE DEPARTMENT BHILADIA SUB
DIVISION SEONI MALWA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI V.P. TIWARI - GOVT. ADVOCATE)
This petition coming on for admission this day, the Court passed the
following:
ORDER
This petition has been filed by the petitioners for grant of minimum pay scale in the light of the decision rendered in the case of Ram Naresh Rawat vs. Ashwini Ray and others [2017 (3) SCC 436].
The reliefs prayed for from this Court are as follows:-
7.1 Kindly be pleased to direct the respondents to give the benefits of regular/minimum pay scale to the petitioners of the post of skilled/semi-skilled employees on which the petitioners are working since 2006 in pursuant to order dated 31.01.2011 (Annexure P/1 and P/2) and pay the difference of arrears on fixation of pay from the date of such classification along with interest @ 18% per annum as per law laid down by the Hon'ble Apex Court in the case of Ram Naresh Rawat Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 6/20/2023 5:47:43 PM 7 vs. Ashwini Ray and others Contempt Petition (Civil) No.771/2015 in SLP No.25284/2012;
7.2 Kindly be pleased to direct the respondents to make the petitioners as member of GPF by regularizing their services;
7.3. Kindly be pleased to issue any other order or directions looking to the facts and circumstances of the case in favour petitioners, and be pleased to award cost of litigation in favour of petitioners.
It is stated by learned counsel for the petitioners that petitioners have filed representation (Annexure P/5) dated 05.12.2022 before the respondents, and prays that the same may be decided in the light of decision rendered in the case or Ram Naresh Rawat (supra).
Learned GA appearing for the respondents submits that the representation of the employees will be decided after verifying the documents by the respondents, in accordance with law.
Considering the aforesaid, this petition is disposed of by directing the petitioners to file individual representations before the respondents/ concerned authority along with all documents substantiating their claim along with a certified copy of the order passed today by this Court. In case, if such representations are filed within 15 days from today, the respondents/concerned authority, in turn, shall decide the same, in accordance with law, keeping in view the decision of Ram Naresh Rawat (supra) , and in case if the petitioners are found entitled, they shall be paid minimum pay scale admissible to the post on which they have been classified without any impediment, and if any arrears are Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 6/20/2023 5:47:43 PM 8 worked out, the same shall also be paid to them as expeditiously as possible, preferably within a further period of three months.
However, it is made clear that this Court has not opined on the merits of the case.
Certified copy as per rules.
(NANDITA DUBEY) JUDGE jk Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 6/20/2023 5:47:43 PM