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Madhya Pradesh High Court

Pushpa vs Sanjay Shukla on 1 July, 2021

Author: Vivek Rusia

Bench: Vivek Rusia

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                                                            CONC No.2693/2019



HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
       (SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)

                    CONC No. 2693 of 2019
  (Pushpa W/o Prakash Koranne & two others. V/s. Sanjay Shukla,
               Principal Secretary & three others.)

Date: 01.07.2021 :
        Petitioners by Shri Prakhar Mohan Karpe, Advocate.
        Respondents/contemner No.4 by Shri Amol Shrivastava,
Advocate.
        Heard finally through video conferencing.
                                  ORDER

The petitioners have filed the present contempt petition alleging non-compliance of order dated 14.9.2016 passed in W.P. No.1538/2016.

Facts of the case, in short, are as under :

The petitioners were initially engaged as daily-wagers and vide order dated 13.8.2004 they were classified as permanent employees. Thereafter, the petitioners approached the Labour Court seeking the benefit of regular pay-scale of the permanent employee. However, the labour Court has rejected their claim vide order dated 8.1.2016. The petitioners challenged above order by way of W.P. No.1538/2016 before this Court. Vide order dated 14.9.2016 the writ Court had quashed the order of the Labour Court and directed the department of PHE to confer them a benefit of regular pay-scale from the date they were classified as permanent employees i.e. w.e.f. 13.8.2004.

The Executive Engineer, Public Health Engineer (PHE), Division No.2, Indore challenged the aforesaid order by way of W.A. No.693/2018. Vide order dated 10.8.2018 the Division Bench of this Court had set aside the order of Writ court in part and directed the respondents department to grant them benefit of minimum of regular pay-scale from the date of classification as directed by the apex court in the case of Ram Naresh Rawat V/s. Ashwini Ray : (2016) 8 SCC

733.

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When the aforesaid benefit was not conferred upon the petitioners, they approached this Court by way of Contempt Petition No. 475/2018, which came up for hearing on 14.11.2018 and on the said date, a statement was made by the learned Additional Advocate General as well as contemners that necessary orders in respect of entitlement of the petitioners have been issued by the Additional Secretary, PHE Department and sanction has been granted for payment of minimum of the pay-scale from the date of classification. The said contempt petition was disposed of with a direction to the respondents that entire payment be made to the petitioners within a period of 30 days, failing which the petitioners would be entitled for Rs.10,000/- in addition to the said benefit.

Instead of granting the aforesaid benefit to the petitioners, the respondents issued order dated 12.12.2018 whereby earlier order of regularisation was cancelled, and petitioners were relegated to the status of daily-rated employees. This order was challenged by the petitioners by way of W.P. No.29162/2018 and other similarly placed employees. Vide order dated 14.5.2019, aforesaid writ petition with connected petitions was allowed and order dated 12.12.2018 was quashed in the light of order dated 27.4.2019 passed in W.P. No.29161/2019.

The grievance of the petitioners is that despite order dated 14.5.2019, till date the benefit of classification of permanent status with minimum pay scale has not been granted to them which is willful disobedience of order passed by this Court, hence the respondents are liable to be punished for committing contempt of this Court.

After notice, the respondents have filed the reply that W.A. No.2108/2019 has been filed which is pending. The respondents / contemners have filed the copy of writ appeal and copy of order dated 23.1.2020 which is nothing but an order passed by one of the contemners - Deepak Ratnawat, Chief Engineer of PHE Department cancilling the order dated 12.12.2018 subject to final outcome of W.A. No.2108/2019 and directed the Executive Engineer to restore the status

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of the petitioners prior to 12.12.2018. It means, the petitioners have been restored to the status when order dated 10.8.2018 was passed in W.A. No.693/2018. Para 18 of order of the said order passed in the said writ appeal is reproduced below :

"18. Considering the fact that the permanent status was conferred upon employees in the Year 2004, we set aside the impugned order in part and directed the appellant to grant minimum regular pay-scale to them from the date of their classification as directed by the Hon'ble Supreme Court in Para -23 of Ram Naresh Rawat Vs. Ashwini Ray & Ors. (Supra)."

It is clear from the aforesaid order that the status of permanent employee conferred upon the petitioners in the year 2004 was set aside and a direction was given to the appellant (respondents herein) to grant minimum of regular pay-scale to the petitioners. Therefore, all the petitioners are treated as daily-rated employees and the status of permanent employee has not been conferred upon them.

According to the respondents, order passed on 23.1.2020 is a compliance of an order passed by this Court in writ appeal but by this order one of the contemner has cancelled the order dated 12.12.2018 which had already been set aside by this Court in the case of Vasudev (supra). Since 10.8.2018 the respondents have not granted the minimum of the pay-scale to the petitioners and even after filing of this contempt petition and the direction given in WRIT APPEAL no 693/2018. The petitioners have neither been given the status of permanent employee nor they are getting the minimum of the regular pay-scale.

The Writ Appeal (W.A. No.2108/2019) is still lying in default and has not come up for admission till date before this Court and no efforts have been made by the respondents to get the writ appeal listed for admission. Therefore, in the opinion of this Court, the respondents have committed contempt of this Court by not conferring the status of permanent employee and benefit of minimum of the pay-scale to the petitioners for which they are liable to be punished .

It would not be out of place to mention about the PHE

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Department of the State, especially the Indore Division which is in habit of generating unnecessary litigation before this Court either by withdrawing the permanent status of the employees or reducing the pay-scale mainly of Class-IV employees after 10 to 20 years and they are compelled to approach this Court by way of number of writ petitions. In number of cases the benefits already given to the Class- IV employees has been withdrawn by Indore Division of the PHE Department which has resulted in filing of number of writ petitions, which is nothing but shear wastage of valuable time of this Court and revenue loss to the State Government. The orders passed by this Court are not being complied by them and because of which the poor Class- IV employees are facing hardship during this tough time. In the considered opinion of this Court, this is a fit case in which the respondents are liable to be punished for the non-compliance of the orders of this Court. In the present case, since 2018 the petitioners who are poor Class-IV employees are not getting the benefit of minimum of the pay-scale which had already been conferred in the case of Ram Naresh Rawat (supra).

In view of the above, notices are issued to all the respondents as to why they be not punished for committing contempt of this Court. The notices are treated to be served through their advocate engaged in this case. The respondents shall remain personally present before this Court on 26.07.2021 physically or through Video Conferencing as per SOP.

List the matter on 26.07.2021 for hearing on the point of punishment for committing contempt of this Court by the respondents.

( VIVEK RUSIA ) JUDGE Alok/-

Date: 2021.07.06 10:31:43 +05'30'