Madhya Pradesh High Court
Omprakash Soni vs The State Of Madhya Pradesh on 26 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 26 th OF JUNE, 2023
WRIT PETITION No. 6446 of 2023
BETWEEN:-
1. OMPRAKASH SONI S/O SHRI GHANSHYAM SONI,
AGED ABOUT 52 YEARS, OCCUPATION:
PERMANENT EMPLOYEE WATER RESOURCE
DEPARTMENT TAWANAGAR SUB DIVISION
TAWANAGAR DISTRICT NARMADAPURAM
(MADHYA PRADESH)
2. LAKSHMAN SINGH THAKUR S/O SHRI ARJUN
SINGH THAKUR, AGED ABOUT 55 YEARS,
OCCUPATION: PERMANENT EMPLOYEE WATER
RESOURCE DEPARTMENT PIPARIYA SUB
DIVISION NO. 2, ELECTRIC/MAINTENANCE
NARMADAPURAM DIVISION, DISTRICT
(MADHYA PRADESH)
3. BIHARI LAL GOUTAM S/O LATE SHRI K.P.
GOUTAM, AGED ABOUT 62 YEARS, OCCUPATION:
PERMANENT EMPLOYEE (RETD.) WATER
RESOURCE DEPARTMENT PIPARIYA SUB
DIVISION NO. 2, ELECTRICAL/MAINTENANCE
NARMADAPURAM DIVISION, DISTRICT
NARMADAPURAM (MADHYA PRADESH)
4. PREM NARAYAN RAI S/O SHRI BABU LAL RAI,
AGED ABOUT 56 YEARS, OCCUPATION:
PERMANENT EMPLOYEE WATER RESOURCE
DEPARTMENT MACHHA SUB DIVISION, PBC
DIVISION, SOHAGPUR, DISTRICT
NARMADAPURAM (MADHYA PRADESH)
5. HANNU S/O SHRI MUNNI LAL, AGED ABOUT 57
YEAR S, OCCUPATION: PERMANENT EMPLOYEE
WATER RESOURCE DEPARTMENT MACHHA SUB
DIVISION, PBC DIVISION, SOHAGPUR, DISTRICT
NARMADAPURAM (MADHYA PRADESH)
6. HALKE BHAIYA S/O SHRI CHHOTE LAL, AGED
ABOUT 55 YEARS, OCCUPATION: PERMANENT
EMPLOYEE WATER RESOURCE DEPARTMENT
Signature Not Verified
Signed by: BHARTI GADGE
Signing time: 6/27/2023
6:12:47 PM
2
MACHHA SUB DIVISION, PBC DIVISION,
SOHAGPUR, DISTRICT NARMADAPURAM
(MADHYA PRADESH)
7. RANVEER SINGH S/O SHRI RAM SWAROOP
PATEL, AGED ABOUT 57 YEARS, OCCUPATION:
PERMANENT EMPLOYEE WATER RESOURCE
DEPARTMENT MACHHA SUB DIVISION, PBC
DIVISION, SOHAGPUR, DISTRICT
NARMADAPURAM (MADHYA PRADESH)
8. BHOORE LAL S/O SHRI BAL KISHAN, AGED
ABOUT 55 YEARS, OCCUPATION: PERMANENT
EMPLOYEE WATER RESOURCE DEPARTMENT
MACHHA SUB DIVISION, PBC DIVISION,
SOHAGPUR, DISTRICT NARMADAPURAM
(MADHYA PRADESH)
9. KAMLESH PATEL S/O SHRI BHAGWAT SINGH
PATEL, AGED ABOUT 56 YEARS, OCCUPATION:
PERMANENT EMPLOYEE WATER RESOURCE
DEPARTMENT MACHHA SUB DIVISION, PBC
DIVISION, SOHAGPUR, DISTRICT
NARMADAPURAM (MADHYA PRADESH)
10. BASODI LAL S/O SHRI VISHAL SINGH, AGED
ABOUT 56 YEARS, OCCUPATION: PERMANENT
EMPLOYEE WATER RESOURCE DEPARTMENT
MACHHA SUB DIVISION, PBC DIVISION,
SOHAGPUR, DISTRICT NARMADAPURAM
(MADHYA PRADESH)
11. MUNNA LAL S/O SHRI BHAIYALAL PATEL, AGED
ABOUT 57 YEARS, OCCUPATION: PERMANENT
EMPLOYEE WATER RESOURCE DEPARTMENT
MACHHA SUB DIVISION, PBC DIVISION,
SOHAGPUR, DISTRICT NARMADAPURAM
(MADHYA PRADESH)
12. VIMALKANT S/O SHRI RAM PRASAD KAHAR,
AGED ABOUT 57 YEARS, OCCUPATION:
PERMANENT EMPLOYEE WATER RESOURCE
DEPARTMENT MACHHA SUB DIVISION, PBC
DIVISION, SOHAGPUR, DISTRICT
NARMADAPURAM (MADHYA PRADESH)
13. ANTH RAM BATHRE S/O SHRI PRAYAG BATHRE,
AGED ABOUT 54 YEARS, OCCUPATION:
PERMANENT EMPLOYEE WATER RESOURCE
DEPARTMENT MACHHA SUB DIVISION, PBC
DIVISION, SOHAGPUR, DISTRICT
NARMADAPURAM (MADHYA PRADESH)
Signature Not Verified
Signed by: BHARTI GADGE
Signing time: 6/27/2023
6:12:47 PM
3
14. ANIL KUMAR SONI S/O LATE SHRI SHANKAR
LAL, AGED ABOUT 57 YEARS, OCCUPATION:
PERMANENT EMPLOYEE WATER RESOURCE
DEPARTMENT PBC DIVISION, SOHAGPUR,
DISTRICT NARMADAPURAM (MADHYA
PRADESH)
15. CHANDRASHEKHAR SHARMA S/O SHRI
LAKSHAMAN PRASAD SHARMA, AGED ABOUT 53
YEAR S, OCCUPATION: PERMANENT EMPLOYEE
WATER RESOURCE DEPARTMENT, MACHHA SUB
DIVISION, PIPARIYA, DIVISION SOHAGPUR,
DISTRICT NARMADAPURAM (MADHYA
PRADESH)
16. ASHOK KUMAR SHARMA S/O LATE SHRI
NATHURAM SHARMA, AGED ABOUT 65 YEARS,
OCCUPATION: PERMANENT EMPLOYEE(RETD.)
WATER RESOURCE DEPARTMENT SANKHALA,
SUB DIVISION SOHAGPUR, DIVISION SOHAGPUR,
DISTRICT NARMADAPURAM (MADHYA
PRADESH)
17. RAJU PRASAD YADAV S/O LATE SHRI
POORANLAL YADAV, AGED ABOUT 61 YEARS,
OCCUPATION: PERMANENT EMPLOYEE WATER
RESOURCE DEPARTMENT SOHAGPUR, DIVISION
SOHAGPUR, DISTRICT NARMADAPURAM
(MADHYA PRADESH)
18. DEVENDRA KUMAR SHARMA S/O SHRI
REWASHANKAR SHARMA, AGED ABOUT 57
YEAR S, OCCUPATION: PERMANENT EMPLOYEE
WATER RESOURCE DEPARTMENT, TAWANAGAR
SUB DIVISION TAWANAGAR PVC DIVISION
ITARSI, DISTRICT NARMADAPURAM (MADHYA
PRADESH)
19. SMT. DEVA SHARMA W/O LATE SHRI PRAKASH
SHARMA, AGED ABOUT 51 YEARS, OCCUPATION:
PERMANENT EMPLOYEE SEMI SKILLED WATER
RESOURCE DEPARTMENT GATE SUB DIVISION
E/N, TAWANAGAR, E AND N GATE DIVISION
NARMADAPURAM, DISTRICT NARMADAPURAM
(MADHYA PRADESH)
20. SMT. LEELA BAI SARATHE W/O LATE SHRI
KALICHARAN SARATHE, AGED ABOUT 57 YEARS,
R/O TAWA COLONY, PIPARIYA DISTRICT
NARMADAPURAM (MADHYA PRADESH)
Signature Not Verified
Signed by: BHARTI GADGE
Signing time: 6/27/2023
6:12:47 PM
4
21. BHAGWAN DAS KAHAR S/O SHRI BUDDAKAHAR,
AGED ABOUT 61 YEARS, OCCUPATION:
PERMANENT EMPLOYEE WATER RESOURCE
DEPARTMENT SANKLA, SUB DIVISION
SOHAGPUR, PVC DIVISION SOHAGPUR, DISTRICT
NARMADAPURAM (MADHYA PRADESH)
22. MOTILAL KACHHI S/O LATE SHRI KUMODI LAL
KACHHI, AGED ABOUT 63 YEARS, OCCUPATION:
PERMANENT EMPLOYEE(RETD.) WATER
RESOURCE DEPARTMENT NASIRABAD, SUB
DIVISION SOHAGPUR, PVC DIVISION SOHAGPUR,
DISTRICT NARMADAPURAM (MADHYA
PRADESH)
23. HARKISHAN YADAV S/O LATE SHRI RAMDAYAL
YADAV, AGED ABOUT 69 YEARS, OCCUPATION:
PERMANENT EMPLOYEE(RETD.) WATER
RESOURCE DEPARTMENT ISHARPUR, SUB
DIVISION SOHAGPUR, DIVISION SOHAGPUR,
DISTRICT NARMADAPURAM (MADHYA
PRADESH)
24. DASHRATH SAINI S/O SHRI MOOLCHAND SAINI,
AGED ABOUT 69 YEARS, OCCUPATION:
PERMANENT EMPLOYEE(RETD.) WATER
RESOURCE DEPARTMENT GURDIYA, SUB
DIVISION HANDIYA. DIVISION TIMARNI,
DISTRICT HARDA (MADHYA PRADESH)
25. DINESH KUMAR JANGARE S/O LATE SHRI
ISHWAR DATT JANGARE, AGED ABOUT 66 YEARS,
OCCUPATION: PERMANENT EMPLOYEE(RETD.)
WATER RESOURCE DEPARTMENT GURDIYA, SUB
DIVISION HANDIYA. DIVISION TIMARNI,
DISTRICT HARDA (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
DEPARTM ENT, NARMADA BHAWAN, BHOPAL
(MADHYA PRADESH)
Signature Not Verified
3. THE CHIEF ENGINEER, WATER RESOURCES
Signed by: BHARTI GADGE
Signing time: 6/27/2023
6:12:47 PM
5
D EPARTM EN T, NEAR COLLECTOR OFFICE,
NARMADAPURAM (MADHYA PRADESH)
4. THE EXECUTIVE ENGINEER, WATER RESOURCES
D EPARTM EN T P.B.C. DIVISION, SOHAGPUR,
NARMADAPURAM (MADHYA PRADESH)
5. THE EXECUTIVE ENGINEER, WATER RESOURCES
DEPARTM ENT TAWANAGAR, DIVISION ITARSI,
DISTRICT NARMADAPURAM (MADHYA
PRADESH)
6. THE EXECUTIVE ENGINEER, WATER RESOURCES
D EPARTM EN T HANDIYA, BRANCH CANALES
DIVISION TIMARNI, DISTRICT HARDA (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI V.P. TIWARI - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, the Court passed the
following:
ORDER
This petition under Article 226 of the Constitution of India has been filed seeking a direction to the respondents to give benefit of regular/minimum pay scale of the post on which the petitioners are working and classified as permanent employees in 2016. It is stated that their pay difference of arrears on fixation of pay from the date of classification be also given as per the law laid down by the Supreme Court in the case of Ram Naresh Rawat Vs. Ashwinin Ray and others [2017 (3) SCC 436]. It is submitted by learned counsel for the petitioners that a representation in this regard is pending before the respondents authorities and prays that the same may be decided in the light of decision rendered in the case of Ram Naresh Rawat (supra).
Learned counsel for the State has no objection to the said innocuous prayer.
Considering that a single representation has been filed by all the Signature Not Verified Signed by: BHARTI GADGE Signing time: 6/27/2023 6:12:47 PM 6 petitioners, it is directed that the petitioners to file an individual representation along with relevant documents before the respondent No.2/ Engineer in Chief, Water Resources Department, Narmada Bhawan, Bhopal. In case, if such representation is filed by the petitioners within a period of 10 days, the respondent No.2, shall consider and decide the same in accordance with law and in the light of decision rendered in the case of Ram Naresh Rawat (supra), after verifying the record of individual petitioners.
Let this exercise be completed within a period of 90 days from the date of receipt of certified copy of the order passed today.
It is made clear that this Court has not opined on the merits of the case. With the aforesaid direction, the petition stands disposed of.
(NANDITA DUBEY) JUDGE b Signature Not Verified Signed by: BHARTI GADGE Signing time: 6/27/2023 6:12:47 PM