Madhya Pradesh High Court
Babulal Garg vs The State Of Madhya Pradesh on 17 February, 2023
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 17 th OF FEBRUARY, 2023
WRIT PETITION No. 3679 of 2023
BETWEEN:-
1. BABULAL GARG S/O LATE SHRI DASHRATH
PRASAD GARG, AGED ABOUT 52 YEARS,
OCCUPATION: SEMI SKILLED CLASS IV
PERMANENT EMPLOYEE WORKING IN THE M.P.
EMPLOYEE SELECTION BOARD CHAYAN
BHAWAN MAIN ROAD NO. 1 CHINAR PARK
BHOPAL (MADHYA PRADESH)
2. RAMKULER PAL S/O LATE SHRI RAMSUKH PAL,
AGED ABOUT 51 YEARS, OCCUPATION: SEMI
SKILLED CLASS IV PERMANENT EMPLOYEE,
WORKING IN THE M.P. EMPLOYEE SELECTION
BOARD CHAYAN BHAWAN, MAIN ROAD NO.1,
CHINAR PARK (EAST), BHOPAL (MADHYA
PRADESH)
3. KAMTA PRASAD NAMDEO S/O LATE SHRI
BRIJBHAN NAMDEO, AGED ABOUT 44 YEARS,
OCCUPATION: SEMI SKILLED CLASS IV
PERMANENT EMPLOYEE, WORKING IN THE M.P.
EMPLOYEE SELECTION BOARD CHAYAN
BHAWAN, MAIN ROAD NO.1, CHINAR PARK
(EAST), BHOPAL (MADHYA PRADESH)
4. PRABHAT KUMAR PATEL S/O LATE SHRI
RAMKRIPAL PATEL, AGED ABOUT 42 YEARS,
OCCUPATION: SEMI SKILLED CLASS IV
PERMANENT EMPLOYEE, WORKING IN THE M.P.
EMPLOYEE SELECTION BOARD CHAYAN
BHAWAN, MAIN ROAD NO.1, CHINAR PARK
(EAST) BHOPAL (MADHYA PRADESH)
5. SUDHAKAR SURWADE S/O LATE SHRI BABULAL
SURWADE, AGED ABOUT 45 YEARS, OCCUPATION:
SEMI SKILLED CLASS IV PERMANENT
EMPLOYEE, WORKING IN THE M.P. EMPLOYEE
SELECTION BOARD CHAYAN BHAWAN, MAIN
ROAD NO.1, CHINAR PARK (EAST) BHOPAL
(MADHYA PRADESH)
2
6. SURESH THAKUR S/O LATE SHRI KUNNULAL
THAKUR, AGED ABOUT 41 YEARS, OCCUPATION:
SEMI SKILLED CLASS IV PERMANENT
EMPLOYEE, WORKING IN THE M.P. EMPLOYEE
SELECTION BOARD CHAYAN BHAWAN, MAIN
ROAD NO.1, CHINAR PARK (EAST) BHOPAL
(MADHYA PRADESH)
7. MAHENDRA SINGH KUSHRAM S/O SHRI DHAN
SINGH KUSHRAM, AGED ABOUT 47 YEARS,
OCCUPATION: SEMI SKILLED CLASS IV
PERMANENT EMPLOYEE, WORKING IN THE M.P.
EMPLOYEE SELECTION BOARD CHAYAN
BHAWAN, MAIN ROAD NO.1, CHINAR PARK
(EAST) BHOPAL (MADHYA PRADESH)
8. DILESH NAMDEO S/O LATE SHRI MOTILAL
NAMDEO, AGED ABOUT 46 YEARS, OCCUPATION:
SEMI SKILLED CLASS IV PERMANENT
EMPLOYEE, WORKING IN THE M.P. EMPLOYEE
SELECTION BOARD CHAYAN BHAWAN, MAIN
ROAD NO.1, CHINAR PARK (EAST) BHOPAL
(MADHYA PRADESH)
9. GUNAKAR BHURTELE SHARMA S/O SHRI
JIVANLAL BHURTELE SHARMA, AGED ABOUT 51
YEARS, OCCUPATION: SEMI SKILLED CLASS IV
PERMANENT EMPLOYEE, WORKING IN THE M.P.
EMPLOYEE SELECTION BOARD CHAYAN
BHAWAN, MAIN ROAD NO.1, CHINAR PARK
(EAST) BHOPAL (MADHYA PRADESH)
10. AJAY SINGH S/O SHRI JAYBHAN SINGH, AGED
ABOUT 36 YEARS, OCCUPATION: SEMI SKILLED
CLASS IV PERMANENT EMPLOYEE, WORKING IN
THE M.P. EMPLOYEE SELECTION BOARD
CHAYAN BHAWAN, MAIN ROAD NO.1, CHINAR
PARK (EAST) BHOPAL (MADHYA PRADESH)
11. SANJAY KAPASE S/O LATE SHRI MAUJILAL
KAPASE, AGED ABOUT 41 YEARS, OCCUPATION:
SEMI SKILLED CLASS IV PERMANENT
EMPLOYEE, WORKING IN THE M.P. EMPLOYEE
SELECTION BOARD CHAYAN BHAWAN, MAIN
ROAD NO.1, CHINAR PARK (EAST) BHOPAL
(MADHYA PRADESH)
12. PRADEEP JOSHI S/O LATE SHRI BASANT
VALLABH JOSHI, AGED ABOUT 42 YEARS,
OCCUPATION: SEMI SKILLED CLASS IV
PERMANENT EMPLOYEE, WORKING IN THE M.P.
EMPLOYEE SELECTION BOARD CHAYAN
3
BHAWAN, MAIN ROAD NO.1, CHINAR PARK
(EAST) BHOPAL (MADHYA PRADESH)
13. KHUMAN SINGH S/O LATE SHRI CHHAGAN SINGH
GODIYA, AGED ABOUT 51 YEARS, OCCUPATION:
SEMI SKILLED CLASS IV PERMANENT
EMPLOYEE, WORKING IN THE M.P. EMPLOYEE
SELECTION BOARD CHAYAN BHAWAN, MAIN
ROAD NO.1, CHINAR PARK (EAST) BHOPAL
(MADHYA PRADESH)
14. DILIP SINGH VISHT S/O DEV SINGH VISHT, AGED
ABOUT 46 YEARS, OCCUPATION: SEMI SKILLED
CLASS IV PERMANENT EMPLOYEE, WORKING IN
THE M.P. EMPLOYEE SELECTION BOARD
CHAYAN BHAWAN, MAIN ROAD NO.1, CHINAR
PARK (EAST) BHOPAL (MADHYA PRADESH)
15. SUKH SINGH S/O SHRI MAIKURAM, AGED ABOUT
46 YEARS, OCCUPATION: SEMI SKILLED CLASS IV
PERMANENT EMPLOYEE, WORKING IN THE M.P.
EMPLOYEE SELECTION BOARD CHAYAN
BHAWAN, MAIN ROAD NO.1, CHINAR PARK
(EAST) BHOPAL (MADHYA PRADESH)
16. HARCHAND RAJAK S/O SHRI KUNDANLAL
RAJAK, AGED ABOUT 56 YEARS, OCCUPATION:
SEMI SKILLED CLASS IV PERMANENT
EMPLOYEE, WORKING IN THE M.P. EMPLOYEE
SELECTION BOARD CHAYAN BHAWAN, MAIN
ROAD NO.1, CHINAR PARK (EAST) BHOPAL
(MADHYA PRADESH)
.....PETITIONERS
(BY SMT. SUDHA GAUTAM - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
ADDITIONAL CHIEF SECRETARY GENERAL
ADMINISTRATION DEPARTMENT VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. THE M.P. EMPLOYEE SELECTION BOARD
THROUGH ITS PRESIDENT / CHAIRMAN CHAYAN
BHAWAN, MAIN ROAD NO.1, CHINAR PARK
(EAST) BHOPAL (MADHYA PRADESH)
3. THE M.P. EMPLOYEE SELECTION BOARD
THROUGH ITS DIRECTOR CHAYAN BHAWAN,
MAIN ROAD NO.1, CHINAR PARK (EAST) BHOPAL
4
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ASHISH MISHRA - PANEL LAWYER)
This petition coming on for admission this day, th e court passed the
following:
ORDER
.
Learned counsel for the petitioners submits that the petitioners are aggrieved by the inaction on the part of respondents in not granting them the benefit of 7th Pay Commission.
The petitioners have filed their representations in pursuance to the direction issued by this Court in WP No. 16703/2018-Rambir Gour & ors vs. State of M.P. & Ors decided on 24.08.2018 directing the respondents to consider and decide the representation of the petitioners for grant of 7th Pay Commission, has been rejected.
From the perusal of the order impugned, it reveals that the authority has rejected the claim of the petitioners in pursuance to the circular issued by the State Government on 20th July, 2017 saying that in view of the said circular the petitioners are not entitled to get the benefit of 7th Pay Commission.
Learned counsel for the petitioners submits that the orders impugned are illegal and contrary to the decision given by this Court in WP No. 2510/2018- Deepak Kumar Gangrade & ors. vs. State of M.P. & ors wherein the circular, on the basis of which the claim of the petitioners has been rejected, has been taken note of and it has been observed by the Court that the said circular would not be applicable for the petitioners, but the said circular would apply only to the regular employees and finally the petition was allowed directing authority to grant benefit of 7th Pay Commission to the petitioners therein.
5Learned counsel for the respondents submits the case of Kishorilal Prajapati & Ors. vs. State of M.P. & Ors (W.P. No.5332/2010) deals with grant of benefits of 5th and 6th Pay Commissions and at that time there was no such circular which deprived the petitioners to get the benefit of 7th Pay commission, therefore, this case is not applicable for the petitioners.
Considering the facts and circumstances of the case, the arguments as advanced by the learned counsel for both the parties and also on considering the law laid down by this Court in the case of Deepak Kumar Gangrade (supra) it is clear that the petitioners being permanent employees are entitled to get the benefit of 7th Pay Commission.
In view of the above, it is apparent that the authority has not taken note of the legal position and passed the impugned orders, which are not sustainable in the eye of law.
Accordingly, the impugned orders rejecting the claim of the petitioners are set aside. The matter is remitted back to the authority concerned to decide the claim of the petitioners in the light of the law laid down by this Court in the case of Deepak Kumar Gangrade (supra) and decide the same within a period of three months from the date of submitting certified copy of this order. If it is found that the case of the petitioners is squarely covered by the order passed in the case of Deepak Kumar Gangrade (supra) then the petitioners shall be granted the benefit of 7th Pay Commission within a further period of three months.
With the aforesaid, all the aforesaid petitions stand allowed and disposed of.
6(ANAND PATHAK) JUDGE ps Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.02.20 10:56:12 +05'30'