Madhya Pradesh High Court
Smt. Kamna Nashine vs The State Of Madhya Pradesh on 14 July, 2022
Author: Nandita Dubey
Bench: Nandita Dubey
CONC Nos.2016/18 AND 2152/18
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE NANDITA DUBEY
CONC NO.2016/2018
Between:-
1. INDER SINGH PARMAR S/O
GENDA LAL PARMAR , AGED
ABOUT 38 YEARS, R/O H.NO. 3
MEERA NAGAR, MEERA
MANDIR,BHOPAL (MADHYA
PRADESH)
2. BABU LAL SHARMA S/O SHASHI
BHOOSHAN PRASAD , AGED
ABOUT 46 YEARS, R/O BEHIND E
114 / 3 SHIVAJI NAGAR,BHOPAL
(MADHYA PRADESH)
3. NAND KISHORE S/O SHRI
DWARKA PRASAD , AGED ABOUT
39 YEARS, R/O MAMA PAN
BHANDAR, OPP. OF POLICE
QUARTER GUARDS
JAHANGIRABAD BHOPAL
(MADHYA PRADESH)
4. BHOOPENDRA NAMDEV S/O
KANHAIYA LAL NAMDEV , AGED
ABOUT 37 YEARS, R/O 53 BUILDING
OF KHAJANCHI MARWADI
ROAD,BHOPAL (MADHYA
PRADESH)
5. DHANRAJ SINGH S/O SHYAM
Signature Not Verified
Signed by: JITIN KUMAR
CHOURASIA
Signing time: 7/13/2022
5:32:47 PM
CONC Nos.2016/18 AND 2152/18
2
RAO SINGH , AGED ABOUT 47
YEARS, R/O 203 RAHUL NAGAR
MACT ROAD,JABALPUR (MADHYA
PRADESH)
6. AJAY SHARMA S/O MUNSHI LAL
SHARMA , AGED ABOUT 42 YEARS,
R/O BERETH ROAD SUBHASH
MARG GANJ BASODA(MADHYA
PRADESH)
7. SHEETAL PRASAD PATHAK S/O
SHRI BHAIYA LAL PATHAK , AGED
ABOUT 40 YEARS, R/O H.NO. 837
VISHWAKARMA NAGAR BAGH
SEVANIA,BHOPAL (MADHYA
PRADESH)
8. LALIT MALVIYA S/O D P
MALVIYA , AGED ABOUT 34
YEARS, R/O G - 19/24 NORTH T T
NAGAR JAWAHAR CHOWK
BHOPAL (MADHYA PRADESH)
9. SHELAISH SAXENA S/O SHRI R.
P. SAXENA , AGED ABOUT 36
YEARS, R/O MIG 46 SHARDA
NAGAR LAMAKHEDA
BERASIYA,BHOPAL (MADHYA
PRADESH)
10. BHAGWAT RAM S/O SHRI
MOHAN LAL , AGED ABOUT 44
YEARS, R/O VALLABH NAGAR NO 1
NEAR SATPUDA BHAWAN BHOPAL
(MADHYA PRADESH)
11. RAVENDRA PATHAK S/O SHRI
P.P. PATHAK , AGED ABOUT 41
YEARS, R/O H.NO. 763 INFRONT OF
NARMADA BHAWAN
Signature Not Verified
Signed by: JITIN KUMAR
CHOURASIA
Signing time: 7/13/2022
5:32:47 PM
CONC Nos.2016/18 AND 2152/18
3
PRIYADARSHINI NAGAR BHOPAL
(MADHYA PRADESH)
12. JARAR AHMAD S/O SHRI
ABRAR AHMED , AGED ABOUT 41
YEARS, R/O I 15 CAMPUS OF
FOREST BUILDING TULSI NAGAR
SECOND STOP,BHOPAL (MADHYA
PRADESH)
13. BHOORE LAL RAJAK S/O SHRI
RAJA RAM RAJAKAGED ABOUT 39
YEARS, R/O EWS 800 KOTRA
SULTANABAD BHOPAL (MADHYA
PRADESH)
14. CHOKHE LAL S/O SHRI MUNNA
LAL , AGED ABOUT 42 YEARS, R/O
H.NO. 33 GALI NO. 3 NEAR SECOND
GATE CROSSING KENCHI
CHOLA,BHOPAL (MADHYA
PRADESH)
15. HAR DAYAL S/O SHRI KUNJI
LAL , AGED ABOUT 48 YEARS,
H.NO. 795 SHABRI NAGAR VIDISHA
ROAD BHANPUR BHOPAL
(MADHYA PRADESH)
16. SHYAMA CHARAN S/O SHRI
CHATTE LAL , AGED ABOUT 39
YEARS, R/O H.NO. 286 GALI NO 3
KENCHI CHOLA BHOPAL
(MADHYA PRADESH)
17. DAULAT RAM S/O SHRI GAYA
PRASAD , AGED ABOUT 39 YEARS,
R/O GARDEN OF GAYA PRASAD
MALI NEAR KARARIYA FARM RLY
COACH COLONY BHOPAL
(MADHYA PRADESH)
Signature Not Verified
Signed by: JITIN KUMAR
CHOURASIA
Signing time: 7/13/2022
5:32:47 PM
CONC Nos.2016/18 AND 2152/18
4
18. BRAHM KUMAR S/O SHRI
CHOTE LAL , AGED ABOUT 43
YEARS, R/O BEHIND CHOLA
DUSHAHRA MAINDAN PLOT NO
419 PREM NAGAR COLONY,
BHOPAL (MADHYA PRADESH)
19. GOVIND PRASAD DUBEY S/O
SHRI RAM BHAROSE DUBEY ,
AGED ABOUT 45 YEARS, R/O
KOLAR COLONY SARVEDHARM
COLONY BHOPAL (MADHYA
PRADESH)
20. ANIL KUMAR S/O SHRI BHAIYA
LAL , AGED ABOUT 35 YEARS, R/O
H.NO. GALI NO 2 KAYASTH
PURA,BHOPAL (MADHYA
PRADESH)
21. ARUN BAWASKAR S/O SHRI
BITHTHAL RAO , AGED ABOUT 37
YEARS, R/O QR NO 225 RAHUL
NAGAR MACT ROAD BHOPAL
(MADHYA PRADESH)
22. R P SHUKLA S/O SHRI K P
SHUKLA , AGED ABOUT 38 YEARS,
R/O G- 19 / 24 NORTH T T NAGAR,
BHOPAL (MADHYA PRADESH)
23. RAJESH BIRTHARE S/O B L
BIRTHARE , AGED ABOUT 38
YEARS, R/O C/O RATNESH
SOLOMON CIVIL WARD NO 8
DAMOH (MADHYA PRADESH)
24. PARMANAND SHUKLA S/O
SHIR RAM KAILASH , AGED
ABOUT 39 YEARS, R/O C/O
KRISHNA SWEET HOUSE MATA
Signature Not Verified
Signed by: JITIN KUMAR
CHOURASIA
Signing time: 7/13/2022
5:32:47 PM
CONC Nos.2016/18 AND 2152/18
5
MANDIR BHOPAL (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI AKASH CHOUDHURY, ADVOCATE)
AND
1. STATE OF MADHYA PRADESH THROUGH
ITS SECRETARY SHRI VIVEK AGRAWAL
URBAN DEVELOPMENT AND HOUSING
DEPARTMENT (EARLIER HOUSING AND
ENVIRONMENT DEPARTMENT) VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. SMT. GAURI SINGH PRINCIPAL
SECRETARY GAS RAHAT VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
3. SHRI JAWAHAR SINGH SUPERINTENDING
ENGINEER CAPITAL PROJECT
(ADMINISTRATION) NEAR VITHHAL
MARKET, E 5 ARERA COLONY BHOPAL
(MADHYA PRADESH)
4. SHRI NEERAJ PANDEY EXEUTIVE
ENGINEER RAJDHANI PARIYOJANA
(ADMINISTRATION) GAS RAHAT DIVISION NO
1 VITTHAL MARKET BHOPAL (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI KAPIL DUGGAL, ADVOCATE)
&
CONC NO. 2152/2018
BETWEEN:
SMT. KAMNA NASHINE, D/O LATE
Signature Not Verified
Signed by: JITIN KUMAR
CHOURASIA
Signing time: 7/13/2022
5:32:47 PM
CONC Nos.2016/18 AND 2152/18
6
S.N.NASHINE,AGED ABOUT 49 YEARS, R/O
SHOP NO.8, C-SECTOR,SARVADHARM, OPP.OF
BEEMAKUNJ, KOLAR ROAD, BHOPAL
DISTRICT (MADHYA PRADESH)
.....PETITIONER
(BY SHRI AKASH CHOUDHURY, ADVOCATE)
AND
1. STATE OF MADHYA PRADESH THROUGH
ITS SECRETARY SHRI VIVEK AGRAWAL
URBAN DEVELOPMENT AND HOUSING
DEPARTMENT (EARLIER HOUSING AND
ENVIRONMENT DEPARTMENT) VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. SMT. GAURI SINGH PRINCIPAL
SECRETARY GAS RAHAT VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
3. SHRI JAWAHAR SINGH SUPERINTENDING
ENGINEER CAPITAL PROJECT
(ADMINISTRATION) NEAR VITHHAL
MARKET, E 5 ARERA COLONY BHOPAL
(MADHYA PRADESH)
4. SHRI NEERAJ PANDEY EXEUTIVE
ENGINEER RAJDHANI PARIYOJANA
(ADMINISTRATION) GAS RAHAT DIVISION NO
1 VITTHAL MARKET BHOPAL (MADHYA
PRADESH)
...RESPONDENTS
(BY SHRI KAPIL DUGGAL, ADVOCATE)
Signature Not Verified
Signed by: JITIN KUMAR
CHOURASIA
Signing time: 7/13/2022
5:32:47 PM
CONC Nos.2016/18 AND 2152/18
7
ORDER RESERVED ON 11TH APRIL,2022
ORDER PASSED ON 14TH JULY, 2022
ORDER
The present contempt petitions arise out of order dated 11.08.2017 passed by this Court in WP No.11677/2007 (Inder Singh Parmar and others vs. State of Madhya Pradesh and others) wherein the Court has directed as under :-
6. Consequently, the writ petition is allowed. The impugned order passed by the Labour Court is hereby set aside and the respondents are directed to consider the case of the petitioners for payment of salary or wages, which is attached to post of permanent employee in the light of the decision passed by the Division Bench of this Court in the case of State of Madhya Pradesh Vs. Prashant Dharmadhikari and Others in W.A. No.1266/2010 decided on 01.11.2011. The exercise be carried out within a period of 4 months from the date of receipt of certified copy of the order passed today. In case, the petitioners are found eligible then, the same benefit be extended to them.
2. The grievance of petitioners is that despite a clear direction by this Court that the petitioners be classified as permanent employee and entitled to get all the benefits attached to the post, they are still being paid the salary on the post of daily wager, and the respondents have not released the pay and allowances attached to the post of a permanent employee.Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 7/13/2022 5:32:47 PM CONC Nos.2016/18 AND 2152/18 8
3. Per contra, the stand of the respondents is that against the order passed by the Single Bench in WP No.11677/2007, a Writ Appeal No.1647/2018 (The State of M.P. vs. Inder Singh Parmar and others) was preferred which was partly allowed by a Division Bench of this Court vide order dated 28.06.2019 and the order passed by the Single Bench was modified to the extent that the respondents were held entitled only to the minimum of the scale of the post on which they were working after classification in terms of law laid down by the Supreme Court in Ram Naresh Rawat vs. Ashiwini Ray and others (2017) 3 SCC 436. The relevant part of the order passed in WA No.1647/2018 is reproduced as under :-
In the circumstances, while the order passed by the learned Single Judge regarding classification of the respondents by the Labour Court by various orders which went unchallenged and were ultimately upheld by the Court, is upheld, the directions issued by the learned Single Judge regarding payment of salary in the regular scale, is set aside in view of the law laid down by the Supreme Court in the case of Ram Naresh Rawat (supra) and in part modification of the order passed by the Single Judge, it is ordered that the respondents would be entitled only to the minimum of the scale of the post on which they are working after classification in terms of the law laid down by the Supreme Court in the case of Ram Naresh Rawat (supra).
In view of the aforesaid, the writ appeal filed by the appellant/State is party allowed.
4. It is pointed out by Shri Kapil Duggal, Advocate appearing for the respondents that the order passed by the writ Court has Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 7/13/2022 5:32:47 PM CONC Nos.2016/18 AND 2152/18 9 merged in the order of writ appeal and the same was modified, hence, the claim of the petitioners that they be granted all the benefits as directed by the Single Bench cannot be complied with. It is submitted that the benefit of minimum of the scale of the post has already been given to 84 persons who had already given their affidavits in this regard. It is pointed out that petitioners have yet not submitted their affidavits despite multiple communications to them for submitting the same, and, for this reason only the benefit could not be extended to them. It is stated that in case the petitioners submit affidavit and complete the required formalities under the circular dated 07.10.2016 by which permanent classification and other benefits therein were granted to the daily wager employees, the benefit would be extended to the petitioners also. It is prayed that as there is no deliberate or willful disobedience of the order passed by this Court,therefore, this petition may be disposed of and the respondents be discharged.
5. As stated hereinabove, the order passed by the Single Bench has already been merged in the order passed by the Division Bench and stood modified in W.A.No.1647/2018 and as per the circular and scheme of the Government dated 07.10.2016 for providing permanent classification and the benefits therein, the petitioners, as pointed out, have not yet submitted their affidavits. The respondents have undertaken that as soon as the affidavits are filed by the present petitioners, the benefit of the scheme will be Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 7/13/2022 5:32:47 PM CONC Nos.2016/18 AND 2152/18 10 extended to them as also was the order passed by the Division Bench in writ appeal.
6. Considering the aforesaid, no contempt is made out. The present contempt proceedings are dropped. Rule-nisi is discharged. However, a liberty is extended to the petitioners to submit their affidavits as per the provisions of the aforesaid scheme dated 07.10.2016 before the respondents.
(NANDITA DUBEY) JUDGE jk.
Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 7/13/2022 5:32:47 PM