Madhya Pradesh High Court
Umashankar Chaturvedi vs The State Of Madhya Pradesh on 8 August, 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 8 th OF AUGUST, 2023
WRIT PETITION No. 18777 of 2023
BETWEEN:-
1. UMASHANKAR CHATURVEDI S/O SHRI
RANGNATH CHATURVEDI, AGED ABOUT 59
Y E A R S , OCCUPATION: SKILLED EDUCATED
LABOUR, DAILY RATED (PERMANENT
EMPLOYEE) IN WATER RESOURCES
DEPARTMENT, MAHAN CANAL SUB DIVISION,
SIDHI DISTRICT SIDHI (MADHYA PRADESH)
2. AKHILESH KUMAR TIWARI S/O SHRI
BALBHADRA PRASAD TIWARI, AGED ABOUT 56
Y E A R S , OCCUPATION: SKILLED EDUCATED
LABOUR, DAILY RATED (PERMANENT
EMPLOYEE) IN WATER RESOURCES
DEPARTMENT, MAHAN CANAL SUB DIVISION
SIDHI DISTRICT, SIDHI (MADHYA PRADESH)
3. SANTOSH KUMAR TRIPATHI S/O SHRI JAGDISH
PRASAD TRIAPATHI, AGED ABOUT 59 YEARS,
OCCUPATION: SKILLED EDUCATED LABOUR,
DAILY RATED (PERMANENT EMPLOYEE) IN
WATER RESOURCES DEPARTMENT, MAHAN
CANAL SUB DIVISION, SIDHI, DISTRICT SIDHI
(MADHYA PRADESH)
4. RAJENDRA PRASAD SHARMA S/O SHRI
GAPENDRA PRASAD SHARMA, AGED ABOUT 57
Y E A R S , OCCUPATION: SKILLED EDUCATED
LABOUR, DAILY RATED (PERMANENT
EMPLOYEE) IN WATER RESOURCES
DEPARTMENT, MAHAN CANAL SUB DIVISION
SIDHI DISTRICT SIDHI (MADHYA PRADESH)
5. INDRADEV SINGH S/O SHRI DEEPNATH SINGH,
AGED ABOUT 55 YEARS, OCCUPATION: GARDNER
(MALI) DAILY RATED (PERMANENT EMPLOYEE)
IN WATER RESOURCES DEPARTMENT, MAHAN
CANAL SUB DIVISION SIDHI DISTRICT SIDHI
(MADHYA PRADESH)
Signature Not Verified
Signed by: BHARTI GADGE
Signing time: 8/8/2023
6:12:23 PM
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6. SURYAPRATAP PANDEY S/O SHRI NAND KUMAR
PANDEY, AGED ABOUT 55 YEARS, OCCUPATION:
SKILLED LABOUR, DAILY RATED (PERMANENT
EMPLOYEE), IN WATER RESOURCES
DEPARTMENT, MAHAN CANAL SUB DIVISION
SIDHI DISTRICT SIDHI (MADHYA PRADESH)
7. ARUNENDRA BAHADUR SINGH S/O LATE SHRI
JAGAT PRATAP SINGH, AGED ABOUT 54 YEARS,
OCCUPATION: SKILLED EDUCATED LABOUR,
DAILY RATED (PERMANENT EMPLOYEE) IN
WATER RESOURCES DEPARTMENT, MAHAN
VITRAN SUB DIVISION SIDHI, DISTRICT SIDHI
(MADHYA PRADESH)
8. RAMAKANT PANDEY S/O SHRI NAND KUMAR
PANDEY, AGED ABOUT 59 YEARS, OCCUPATION:
CHOWKIDAR DAILY RATED (PERMANENT
EMPLOYEE) IN WATER RESOURCES
DEPARTMENT MAHAN VITRAN SUB DIVISION
NO. 2 SEMARIYA, DISTRICT SIDHI (MADHYA
PRADESH)
9. BASANT LAL YADAV S/O SHRI KHILADI YADAV,
AGED ABOUT 52 YEARS, OCCUPATION: SKILLED
LABOUR DAILY RATED (PERMANENT EMPLOYEE)
IN WATER RESOURCES DEPARTMENT, MAHAN
VITRAN SUB DIVISION NO. 2 SEMARIYA,
DISTRICT SIDHI (MADHYA PRADESH)
10. PURUSHOTTAM SINGH S/O LATE SHRI SHIVNATH
SINGH, AGED ABOUT 56 YEARS, OCCUPATION:
SUPERVISOR, DAILY RATED (PERMANENT
EMPLOYEE) IN WATER RESOURCES
DEPARTMENT, MAHAN CANAL SUB DIVISION,
SIDHI DISTRICT SIDHI (MADHYA PRADESH)
11. DEVENDRA NATH DWIVEDI S/O SHRI RAMNIWAS
DWIVEDI, AGED ABOUT 55 YEARS, OCCUPATION:
SUPERVISOR, DAILY RATED (PERMANENT
EMPLOYEE) IN WATER RESOURCES
DEPARTMENT MAHAN CANAL SUB DIVISION
SIDHI, DISTRICT SIDHI (MADHYA PRADESH)
12. ANIL PRASAD SHARMA S/O SHRI RAMESHWAR
PRASAD SHARMA, AGED ABOUT 61 YEARS,
OCCUPATION: SKILLED EDUCATION LABOUR
DAILY RATED (PERMANENT EMPLOYEE) IN
WATER RESOURCES DEPARTMENT, MAHAN
VITRAN SUB DIVISION NO.SEMARIYA DISTRICT
SIDHI (MADHYA PRADESH)
Signature Not Verified
Signed by: BHARTI GADGE
Signing time: 8/8/2023
6:12:23 PM
3
13. SHARAVAN KUMAR SHUKLA S/O SHRI
MAHENDRA NATH SHUKLA, AGED ABOUT 56
Y E A R S , OCCUPATION: CHOWKIDAR, DAILY
RATED (PERMANENT EMPLOYEE) IN WATER
RESOURCES DEPARTMENT, MAHAN CANAL SUB
DIVISION, SIDHI DISTRICT SIDHI (MADHYA
PRADESH)
14. SHYAM LAL MISHRA S/O SHRI RAMGARIB RAM
MISHRA, AGED ABOUT 55 YEARS, OCCUPATION:
CHOWKIDAR DAILY RATED (PERMANENT
EMPLOYEE) IN WATER RESOURCES
DEPARTMENT MAHAN CANAL SUB DIVISION
SEMARIYA DISTRICT SIDHI (MADHYA PRADESH)
15. DEVENDRA BAHADUR SINGH S/O SHRI ANAND
BAHADUR SINGH, AGED ABOUT 61 YEARS,
OCCUPATION: SKILLED EDUCATED LABOUR,
DAILY RATED (PERMANENT EMPLOYEE) IN
WATER RESOURCES DEPARTMENT, MAHAN
SHIRSH KARYA SUB DIVISION NO. 1 KHADDI,
DISTRICT SIDHI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI BRIJESH CHOUBEY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY WATER RESOURCES
DEPARTMENT, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. ENGINEER IN CHIEF, WATER RESOURCE
DEPARTMENT, TULSI NAGAR BHOPAL (MADHYA
PRADESH)
3. CHIEF ENGINEER, GANGA KACHAAR WATER
RESOURCES DEPARTMENT ZONE REWA,
DISTRICT REWA (MADHYA PRADESH)
4. SUPERINTENDING ENGINEER, MAHAN PROJECT
(GULAB SAGAR), WATER RESOURCES
DEPARTM ENT, RANGE SIDHI, DISTRICT SIDHI
(MADHYA PRADESH)
5. EXECUTIVE ENGINEER, MINISTRY OF WATER
RESOURCES, MAHAN CANAL DIVISION SIDHI,
DISTRICT SIDHI (MADHYA PRADESH)
.....RESPONDENTS
Signature Not Verified
Signed by: BHARTI GADGE
Signing time: 8/8/2023
6:12:23 PM
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(BY MS. PRIYANKA MISHRA - GOVERNMENT AUTHORITY )
This petition coming on for admission this day, the Court passed the
following:
ORDER
The present petition has been filed by the petitioners seeking following reliefs:-
(7.1) That, it is therefore prayed that this Hon'ble Court may kindly be pleased to call for the entire service records in the interest of justice.
(7.2) That, the Hon'ble Court may be pleased to issue a writ of Mandamus commanding the respondents 05 to pay minimum of pay scale of Rs.5200-20200 grade pay Rs.1900/- since the date when petitioners were classified as permanent employees i.e. 20.06.2022 and also pay the arrears of salary from the said date along with all the consequential benefits in the light of (Annexure P/2 and P/3), in the interest of justice.
(7.2) Any other relief/order or directions, as this Hon'ble High Court deems fit and proper looking to the facts and circumstances of the case deemed fit and proper in the interest of justice may please be awarded along with the cost of proceedings.
Counsel for the petitioners has submitted that case of the petitioner is squarely covered by the order passed by the Coordinate Bench of this Court in the case of Chandra Bhushan Prasad Dwivedi Vs. The State of Madhya Pradesh passed in W.P. No. 12210/2017 dated 17.08.2017 in which this Court while relying upon the decision rendered by the Apex Court in the case of Ram Naresh Rawat Vs. Ashwini Devi and Others reported in (2017) 3 SCC 436 has held as under:-
Signature Not Verified Signed by: BHARTI GADGE Signing time: 8/8/2023 6:12:23 PM 5Resultantly, the present petition is disposed of with a direction to the respondents to grant minimum of the pay scale with no increment to the petitioner from the date of his classification. The exercise of granting the benefit be concluded within a period of three months from the date of receipt of the certified copy of this order.
The petitioner shall also be entitled for arrears of salary by taking into account his classification which was done on 23.06.2011.
Counsel for the petitioners has further submitted that petitioners has already been classified as permanent employee vide order dated 20.06.2011.
Having considered the rival submissions and taking note of the order passed by the Coordinate Bench of this Court in the case of Chandra Bhushan Prasad Dwivedi Vs. The State of Madhya Pradesh passed in W.P. No. 12210/2017 dated 17.08.2017, this Court is satisfied that petitioners has made out a case for interference and their case is also squarely covered by the order passed by this Court in W.P. No. 12210/2017 (supra).
In view of the aforesaid, this petition stands allowed with a direction to the respondents to grant minimum of the pay scale with no increment to the petitioners from the date of their classification. The exercise of granting the benefit be concluded within a period of three months from the date of receipt of the certified copy of this order. The petitioners shall also be entitled for arrears of salary by taking into account their classification which was done on 20.06.2011.
Petition accordingly stands allowed and disposed of Signature Not Verified Signed by: BHARTI GADGE Signing time: 8/8/2023 6:12:23 PM 6 (NANDITA DUBEY) JUDGE b Signature Not Verified Signed by: BHARTI GADGE Signing time: 8/8/2023 6:12:23 PM