Madhya Pradesh High Court
Lachua vs The State Of Madhya Pradesh on 26 March, 2021
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
W.P.No.7329/2021
( Lachua and others Vs. State of M.P. and others )
(1)
Gwalior, dated : 26.03.2021
Shri K.K.Shrivastava, learned counsel for the petitioners.
Shri Jeetesh Sharma, learned Government Advocate for the
respondents/State.
The present petition has been filed under Article 226 of the Constitution of India praying for the following relief :
"(i) That, a direction may kindly be given to the respondents to give the benefit of regular/minimum pay scale of the post on which the petitioners are working and classified as permanent employees as w.e.f.
21.11.2010 and pay the difference of arrears on fixation of pay from the date of classification along with interest at the rate of 18% p.a. as per the law laid down by the Hon'ble Supreme Court in the case of Ram Naresh Rawat (supra).
(ii) That, the respondents may kindly be directed to regularize the services of the petitioners and make the member of GPF.
(iii) Cost of this petition may kindly be awarded;
and
(iv) Any other relief, which this Hon'ble Court may deem fit in the facts and circumstances of the case may kindly be granted to the petitioner. "
Petitioners, who happens to be labourers submit that despite having been classified as permanent employee, no benefit of regular pay scale has been extended to them.
It is submitted by the counsel for the petitioners that identical petitions have already been disposed of by the Co-ordinate Bench of this Court by order dated 5.9.2018 passed in W.P. No.20650/2018, HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR W.P.No.7329/2021 ( Lachua and others Vs. State of M.P. and others ) (2) relevant portion whereof reads as under:
"The law in regard to the benefits flowing from an order of classification is now settled in view of the decision of Apex Court in the case of Ram Naresh Rawat Vs. Ashwini Ray reported in 2017 (Vol 3) SCC 436, relevant extract of which is reproduced below for convenience and ready reference:
4........ The precise submission is that once they are conferred the status of permanent employee by the court and it is also categorically held that they are entitled to regular pay attached to the said post, not only the pay should be fixed in the regular payscale, the petitioners would also be entitled to the increments and other emoluments attached to the said post.
18. Insofar as petitioners before us are concerned they have been classified as 'permanent'. For this reason, we advert to the core issue, which would determine the fate of these cases, viz., whether these employees can be treated as 'regular' employees in view of the aforesaid classification? In other words, with their classification as 'permanent', do they stand regularized in service?
26. From the aforesaid, it follows that though a 'permanent employee' has right to receive pay in the graded pay- cale, at the same time, he would be getting only minimum of the said pay-scale with no increments. It is only the regularisation in service which would entail grant of increments etc. in the pay-scale.
27. In view of the aforesaid, we do not find any substance in the contentions raised by the petitioners in these contempt petitions. We are conscious of the fact that in some cases, on earlier occasions, the State Government while fixing the pay scale, granted increments as well. However, if some persons are given the benefit wrongly, that cannot form the basis of claiming the same relief. It is trite that right to equality under Article 14 is not in negative terms (See Indian Council of Agricultural Research & Anr. v. T.K. Suryanarayan & Ors.9 ).
28. These contempt petitions are, accordingly, dismissed.
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR W.P.No.7329/2021 ( Lachua and others Vs. State of M.P. and others ) (3) In view of above, it is directed that in case it is found that the classification of the petitioners is intact, the petitioners shall be paid minimum of the pay scale admissible to the post on which they have been classified as permanent employee without any increment. If any arrears are worked out, the same shall be paid as expeditiously as possible preferably within a period of three months.
With the aforesaid directions, the instant petition stands disposed of.
(S.A.Dharmadhikari) Judge Shanu SHANU RAIKWAR 2021.03.26 17:16:56 -07'00'