Madhya Pradesh High Court
Parmanand vs The State Of Madhya Pradesh on 26 February, 2024
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 26 th OF FEBRUARY, 2024
WRIT PETITION No. 4281 of 2024
BETWEEN:-
1. PARMANAND S/O SHRI MAN SINGH, AGED
ABOUT 47 YEARS, OCCUPATION: SERVICE R/O
RAGHOGARH DISTRICT GUNA (M.P. ) (MADHYA
PRADESH)
2. IQBAL KHAN S/O SHRI MANJOOR KHAN, AGED
ABOUT 50 YEARS, OCCUPATION: SERVICE
RESIDENCE OF FOR THE PURPOSE THIS PETITION
CARE OF PETITIONER NO. 1 PARMANAND,
RAGHOAGRH, GUNA (MADHYA PRADESH)
3. KALU RAM S/O SHRI MANGILAL, AGED ABOUT 55
YEARS, OCCUPATION: SERVICE RESIDENCE OF
FOR THE PURPOSE THIS PETITION CARE OF
PETITIONER NO. 1 PARMANAND, RAGHOAGRH,
GUNA (MADHYA PRADESH)
4. RAMESH LODHA S/O SHRI BANI PRASAD, AGED
ABOUT 57 YEARS, OCCUPATION: SERVICE
REGIDENCE OF FOR THE PURPOSE THIS
PETITION CARE OF PETITIONER NO. 1
PARMANAND, RAGHOAGRH, GUNA (MADHYA
PRADESH)
5. RAMESH BASOD S/O SHRI CHAMPALAL, AGED
ABOUT 55 YEARS, OCCUPATION: SERVICE
RESIDENCE OF FOR THE PURPOSE THIS PETITION
CARE OF PETITIONER NO. 1 PARMANAND,
RAGHOAGRH, GUNA (MADHYA PRADESH)
6. BALWANT SINGH S/O SHRI LALA RAM, AGED
ABOUT 45 YEARS, OCCUPATION: SERVICE
RESIDENCE OF FOR THE PURPOSE THIS PETITION
CARE OF PETITIONER NO. 1 PARMANAND,
RAGHOAGRH, GUNA (MADHYA PRADESH)
7. KOMAL S/O SHRI GHASI LAL, AGED ABOUT 56
YEARS, OCCUPATION: SERVICE RESIDENCE OF
FOR THE PURPOSE THIS PETITION CARE OF
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 27-02-2024
10:20:44 AM
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PETITIONER NO. 1 PARMANAND, RAGHOAGRH,
GUNA (MADHYA PRADESH)
8. RAGHUVEER SINGH S/O SHRI HAJARI LAL, AGED
ABOUT 53 YEARS, OCCUPATION: SERVICE
RESIDENCE OF FOR THE PURPOSE THIS PETITION
CARE OF PETITIONER NO. 1 PARMANAND,
RAGHOAGRH, GUNA (MADHYA PRADESH)
9. AALAM SINGH S/O SHRI HAJARI LAL, AGED
ABOUT 49 YEARS, OCCUPATION: SERVICE
RESIDENCE OF FOR THE PURPOSE THIS PETITION
CARE OF PETITIONER NO. 1 PARMANAND,
RAGHOAGRH, GUNA (MADHYA PRADESH)
10. NAVAL SINGH S/O SHRI SURAJ LAL, AGED ABOUT
46 YEARS, RESIDENCE OF FOR THE PURPOSE
THIS PETITION CARE OF PETITIONER NO. 1
PARMANAND, RAGHOAGRH, GUNA (MADHYA
PRADESH)
11. PHOOL SINGH S/O SRI RAM PRASAD, AGED
ABOUT 47 YEARS, OCCUPATION: SERVICE
RESIDENCE OF FOR THE PURPOSE THIS PETITION
CARE OF PETITIONER NO. 1 PARMANAND,
RAGHOAGRH, GUNA (MADHYA PRADESH)
12. VIJAY SINGH S/O SHRI CHOOTE LAL, AGED
ABOUT 47 YEARS, OCCUPATION: SERVICE
RESIDENCE OF FOR THE PURPOSE THIS PETITION
CARE OF PETITIONER NO. 1 PARMANAND,
RAGHOAGRH, GUNA (MADHYA PRADESH)
13. SHRILAL LODHA S/O SHRI CHATRAJI, AGED
ABOUT 62 YEARS, OCCUPATION: SERVICE
RESIDENCE OF FOR THE PURPOSE THIS PETITION
CARE OF PETITIONER NO. 1 PARMANAND,
RAGHOAGRH, GUNA (MADHYA PRADESH)
14. KARAN SINGH S/O SHRI JAGANNATH, AGED
ABOUT 54 YEARS, RESIDENCE OF FOR THE
PURPOSE THIS PETITION CARE OF PETITIONER
NO. 1 PARMANAND, RAGHOAGRH, GUNA
(MADHYA PRADESH)
15. RAM BAROSA S/O SHRI SHANKAR LAL, AGED
ABOUT 50 YEARS, OCCUPATION: SERVICE
RESIDENCE OF FOR THE PURPOSE THIS PETITION
CARE OF PETITIONER NO. 1 PARMANAND,
RAGHOAGRH, GUNA (MADHYA PRADESH)
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 27-02-2024
10:20:44 AM
3
16. CHIRONJI LAL S/O BHAWAR LAL, AGED ABOUT 49
YEARS, OCCUPATION: SERVICE RESIDENCE OF
FOR THE PURPOSE THIS PETITION CARE OF
PETITIONER NO. 1 PARMANAND, RAGHOAGRH,
GUNA (MADHYA PRADESH)
17. DEVI LAL LODHA S/O SHRI RAGHUNATH, AGED
ABOUT 50 YEARS, OCCUPATION: SERVICE
RESIDENCE OF FOR THE PURPOSE THIS PETITION
CARE OF PETITIONER NO. 1 PARMANAND,
RAGHOAGRH, GUNA (MADHYA PRADESH)
18. RAM PRASAD S/O SHRI MANGILAL, AGED ABOUT
52 YEARS, OCCUPATION: SERVICE RESIDENCE OF
FOR THE PURPOSE THIS PETITION CARE OF
PETITIONER NO. 1 PARMANAND, RAGHOAGRH,
GUNA (MADHYA PRADESH)
19. RAM DAYAL S/O SHRI HAJARI LAL, AGED ABOUT
47 YEARS, RESIDENCE OF FOR THE PURPOSE
THIS PETITION CARE OF PETITIONER NO. 1
PARMANAND, RAGHOAGRH, GUNA (MADHYA
PRADESH)
20. DEVI LAL MOGIA S/O SHRI NANNU LAL MOGIYA,
AGED ABOUT 47 YEARS, RESIDENCE OF FOR THE
PURPOSE THIS PETITION CARE OF PETITIONER
NO. 1 PARMANAND, RAGHOAGRH, GUNA
(MADHYA PRADESH)
21. RAJ KUMAR S/O SHRI DEVI LAL DHEEMAR,
AGED ABOUT 51 YEARS, OCCUPATION: SERVICE
RESIDENCE OF FOR THE PURPOSE THIS PETITION
CARE OF PETITIONER NO. 1 PARMANAND,
RAGHOAGRH, DISTRICT GUNA (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI B.P. SINGH- ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, PUBLIC WORKS
DEPARTMENT, MANTRALAYA, VALLABH
BHAWAN, BHOPAL M.P. (MADHYA PRADESH)
2. ENGINEER IN CHIEF PUBLIC WORKS
D EPARTM EN T SATPURA BHAWAN, BHOPAL
(MADHYA PRADESH)
Signature Not Verified
3. CHIEF ENGINEER (NORTH ZONE) PUBLIC WORKS
Signed by: VISHAL
UPADHYAY
Signing time: 27-02-2024
10:20:44 AM
4
D EPARTM EN T THATIPUR, MORAR, GWALIOR
(MADHYA PRADESH)
4. EXECUTIVE ENGINEER PUBLIC WORKS
DEPARTMENT DIVISION GUNA, DISTRICT GUNA
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI NILESH SINGH TOMAR- GOVERNMENT ADVOCATE FOR
RESPONDENT/STATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
1. The instant petition has been preferred under Article 226 of the Constitution seeking following reliefs:-
(i) That, respondent may kindly be directed to extend the benefit of revised pay scale under recommendation of 7th Pay Commission w.e.f. 01.01.2016.
(ii) That, the respondents may further be directed to fix the salary of petitioner in respective pay bands with arrears & interest thereof.
(iii) Any other relief, which this Hon'ble Court may deem fit and proper may also be given to the petitioner along with costs.
2. It is the submission of learned counsel for petitioners that vide order dated 03.03.2022 passed by Chief Engineer, Chambal Betwa Kachar, W.R.D. Bhopal has granted benefit of 7th Pay Commission to employees of the Department of W.R.D.. Public Health Engineering Department has also granted the benefit of 7th Pay Commission to its employees vide order dated 08.08.2022. However, the Public Works Department has not granted the said benefit to its employees. Petitioners preferred a representation also. Learned counsel for petitioners also referred the order dated 23.01.2024 passed in Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 27-02-2024 10:20:44 AM 5 W.P. No.1217/2024 in the case of Vasudev Vs. State of Madhya Pradesh and ors. and he sought consideration of his representation in the light of the earlier judgements passed in W.P. No.14143/2022 (Jasawant Singh Vs. State of Madhya Pradesh and Others) and in W.P. No.149/2022 (Bal Krishna Batham Vs The State of Madhya Pradesh and Others) and sought parity.
3. Learned counsel for for the respondent/State fairly submitted that if any representation is preferred along with all relevant documents, then same shall be taken care of as per law.
4. Heard learned counsel for the rival parties and perused the documents appended thereto.
5. Considering the submissions advanced by learned counsel for the parties, this petition is disposed of with a direction to the petitioners to prefer a representation along with certified copy of this order before competent respondents/authorities within 15 days from today. In turn, competent authority/respondent shall decide the said representation at an expeditious note, preferably within a period of four months from the date of submission of representation. However, if case of petitioners lacks merit then representation shall be decided by passing a reasoned order under due intimation to the petitioner.
6. With the aforesaid directions, the instant petition stands disposed off.
(ANAND PATHAK) JUDGE Vishal Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 27-02-2024 10:20:44 AM