Madhya Pradesh High Court
Ramvir Singh Yadav vs The State Of Madhya Pradesh Thr on 15 May, 2015
1
WP No.2966/2015(S)
15.05.2015
Shri B.P. Singh, Advocate for petitioner.
1. The petitioner in this petition filed under Article 226 of
the Constitution of India prays for the following reliefs :-
(i) That, a direction may kindly be given to the
respondents to give the service benefits including pay
scale, increments and DA of the post of Labour (Gangman) from the date of his classification as permanent employee;
(ii) That, respondents may further be directed to treat the petitioner at par with the regular employees with seniority and consequential benefits on the post of Labour (Gangman) from the date of his classification; and
(iii)Any other relief, which this Hon'ble Court may deem fit and proper, may also be given to the petitioner alongwith costs.
2. The grievance of the petitioner is that the benefit of regular pay scale and other admissible benefits flowing out of the order of classification dated 02.03.2005 (Annexure P/4) has not been given to the petitioner.
3. It is undisputed that the issue involved herein is no more res integra in view of the dismissal of SLP (Civil) No.20025/2011 and large number of similar SLPs filed by the State on 21.01.2015 thereby affirming the consistent view of this Court that grant of all admissible service benefits attached to a regular post is a necessary consequence to classification on the regular post.
4. Pertinently, Review Petition (C) No.859/2015 filed by the State in the Apex Court has also been dismissed on 09.04.2015.
5. It is further contended that in similar situation, directions have been passed by a coordinate Bench of this Court on 06.04.2015 in WP No.2000/2015 vide Annexure P/3.
6. In view of the above, this Court is of the view that this 2 WP No.2966/2015(S) petition can be disposed of with the following innocuous directions as passed on 06.04.2015 in WP No.2000/2015 vide Annexure P/3 :-
1. The petitioner shall file a fresh representation before respondents alongwith the proof of acquiring permanent status by way of classification. The respondents shall verify and if petitioner's permanent status is intact, the petitioner shall be given similar treatment, i.e., grant of regular pay scale attached to the permanent post from the date of classification as permanent employee;
2. The respondents shall also grant increments attached to the pay scale and if rules permit, extend benefit of DA in favour of the petitioner;
3. The respondents shall also pass a speaking order regarding claim of grant of seniority to the petitioner from the date of classification as permanent employee;
4. If for any justifiable reason, the petitioner is not found entitled for any of the benefits claimed, a detailed and reasoned order be passed and communicated to the petitioner. The aforesaid exercise be completed within 120 days from the date of production of copy of this order alongwith the representation.
Petition is disposed of.
(Sheel Nagu) Judge Vineet/-