Madhya Pradesh High Court
Umedvan vs The State Of Madhya Pradesh on 4 January, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 4 th OF JANUARY, 2023
WRIT PETITION No. 30088 of 2022
BETWEEN:-
1. UMEDVAN S/O SHRI RAGHUNANDANVAN
GOSWAMI, AGED ABOUT 56 YEARS,
OCCUPATION: PERMANENT EMPLOYEE KOSA
BEEJ KENDRA JHOTESHWAR, DISTT.
NARSINGHPUR (M.P.) (MADHYA PRADESH)
2. RAMBAHOR S/O SHRI MOLAI, AGED ABOUT 60
YEARS, OCCUPATION: PERMANENT EMPLOYEE,
RESHAM KENDRA PANARI DISTRICT
NARSINGHPUR (MADHYA PRADESH)
3. RAMPRASAD S/O SHRI RAMGOPAL, AGED ABOUT
52 YEARS, OCCUPATION: PERMANENT
EMPLOYEE, RESHAM KENDRA SEONI TOLA,
DISTRICT JABALPUR (MADHYA PRADESH)
4. SHIVBHAN SINGH S/O SHRI RAMKUMAR, AGED
ABOUT 58 YEARS, OCCUPATION: PERMANENT
EMPLOYEE, RESHAM KENDRA SAMDA DISTRICT
SIDHI (MADHYA PRADESH)
5. MEDILAL S/O SHRI GOPALI, AGED ABOUT 52
YEARS, OCCUPATION: PERMANENT EMPLOYEE,
RESHAM KENDRA TUMOR DISTRICT SAGAR
(MADHYA PRADESH)
6. BHOLA PRASAD S/O SHRI RAISAY, AGED ABOUT
54 YEARS, OCCUPATION: PERMANENT
EMPLOYEE, RESHAM KENDRA RAIPURA
DISTRICT PANNA (MADHYA PRADESH)
7. GHANSHYAM S/O SHRI LIKHAIYA, AGED ABOUT
56 YEARS, OCCUPATION: PERMANENT
EMPLOYEE, RESHAM KENDRA PANAGAR
Signature Not Verified
DISTRICT NARSINGHPUR (MADHYA PRADESH)
SAN
Digitally signed by MOHD TABISH KHAN
8. SOHANLAL S/O SHRI SUNDARLAL, AGED ABOUT
Date: 2023.01.05 19:37:02 IST
52 YEARS, OCCUPATION: PERMANENT
EMPLOYEE, RESHAM KENDRA BHADOR
2
DISTRICT NARSINGHPUR (MADHYA PRADESH)
9. RAMCHARIT S/O SHRI BABULAL, AGED ABOUT 48
YEARS, OCCUPATION: PERMANENT EMPLOYEE,
RESHAM KENDRA DUMARIYA DISTRICT
NARSINGHPUR (MADHYA PRADESH)
10. NARESH S/O SHRI KISHANLAL, AGED ABOUT 50
YEARS, OCCUPATION: PERMANENT EMPLOYEE,
RESHAM KENDRA DIGSARA DISTRICT
NARSINGHPUR (MADHYA PRADESH)
11. RAMNIWAS S/O SHRI SHRIAMSIYA, AGED ABOUT
58 YEARS, OCCUPATION: PERMANENT
EMPLOYEE, DISTRICT OFFICE NARSINGHPUR
DISTRICT NARSINGHPUR (MADHYA PRADESH)
12. VRINDAVAN S/O SHRI JHALLU, AGED ABOUT 57
YEARS, OCCUPATION: PERMANENT EMPLOYEE,
KOSA BEEJ KENDRA TENDUKHEDA DISTRICT
NARSINGHPUR (MADHYA PRADESH)
13. PAPPU S/O SHRI CHIDAMILAL, AGED ABOUT 56
YEARS, OCCUPATION: PERMANENT EMPLOYEE,
DISTRICT OFFICE NARSINGHPUR DISTRICT
NARSINGHPUR (MADHYA PRADESH)
14. RAMKRIPAL S/O SHRI ACCHELAL, AGED ABOUT
46 YEARS, OCCUPATION: PERMANENT
EMPLOYEE, RESHAM KENDRA DEVARIKALA
DISTRICT NARSINGHPUR (MADHYA PRADESH)
15. DEVI SINGH S/O SHRI KUNJILAL, AGED ABOUT 58
YEARS, OCCUPATION: PERMANENT EMPLOYEE,
RESHAM KENDRA DEVARIKALA DISTRICT
NARSINGHPUR (MADHYA PRADESH)
16. RAMNARESH S/O SHRI LAMPU, AGED ABOUT 47
YEARS, OCCUPATION: PERMANENT EMPLOYEE,
RESHAM KENDRA KANADIKHURD DISTRICT
SHAHDOL (MADHYA PRADESH)
17. MADHAVPAL S/O SHRI DHARMRAJ SINGH, AGED
ABOUT 61 YEARS, OCCUPATION: PERMANENT
EMPLOYEE, RESHAM KENDRA SAKRA DISTRICT
SHAHDOL (MADHYA PRADESH)
Signature Not Verified
SAN 18. RAMSAJEEVAN S/O SHRI RAMDIN, AGED ABOUT
56 YEARS, OCCUPATION: PERMANENT
Digitally signed by MOHD TABISH KHAN
Date: 2023.01.05 19:37:02 IST EMPLOYEE, RESHAM KENDRA KUMHARI
DISTRICT SHAHDOL (MADHYA PRADESH)
3
19. JAILAL S/O SHRI SAMNA PRASAD, AGED ABOUT
52 YEARS, OCCUPATION: PERMANENT
EMPLOYEE, RESHAM KENDRA RUMKHIRIYA
DISTRICT NARSINGHPUR (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI RAJENDRA PANDEY, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR. THE
PRINCIPAL SECRETARY COTTAGE AND RURAL
INDUSTRIES DEPTT. VALLABH BHAWAN BHOPAL
(M.P.) (MADHYA PRADESH)
2. COMMISSIONER SECRETARIAT OF
S ER I CULTUR E GROUND FLOOR, SATPURA
BHAWAN, BHOPAL (MADHYA PRADESH)
3. COLLECTOR NARSINGHPUR DISTRICT
NARSINGHPUR (MADHYA PRADESH)
4. COLLECTOR JABALPUR DISTRICT JABALPUR
(MADHYA PRADESH)
5. COLLECTOR PANNA DISTRICT PANNA (MADHYA
PRADESH)
6. COLLECTOR SAGAR DISTRICT SAGAR (MADHYA
PRADESH)
7. COLLECTOR SIDHI DISTRICT SIDHI (MADHYA
PRADESH)
8. ASSISTANT DIRECTOR SERICULTUR
DOORDARHSAN ANURPASAN KENDRA KE PASS
JHIRNA ROAD, DISTRICT NARSINGHPUR
(MADHYA PRADESH)
9. ASSISTANT DIRECTOR SERICULTUR NEAR OLD
BUS STAND DURGA COLONY, SHAHDOL,
DISTRICT SHAHDOL (MADHYA PRADESH)
.....RESPONDENTS
Signature Not Verified
SAN
(BY SHRI MANAS MANI VERMA, GOVERNMENT ADVOCATE FOR THE
STATE)
Digitally signed by MOHD TABISH KHAN
This petition coming on for admission this day, th e court passed the
Date: 2023.01.05 19:37:02 IST
4
following:
ORDER
Petitioners' contention is that they were appointed as Regular Employee under respondents No.8 and 9. They are claiming benefit of minimum of the regular pay scale in the light of the law laid down by Hon'ble Supreme Court in Ram Naresh Rawat Vs. Ashwani Ray and Ors, (2017) 3 SCC 436.
This innocuous prayer is not opposed by Shri Manas Mani Verma, Government Advocate for the State.
In view of such facts, this petition can be disposed of with a direction to the respondents to take a call and if found eligible, petitioners be extended benefit of 7th Pay Scale from the date of entitlement, within sixty days from the date of receipt of certified copy of the order being passed today as per the ratio of the law laid down by Supreme Court in Ram Naresh Rawat (supra).
It is made clear that this Court has not expressed any opinion on the merits of the case.
In above terms, this petition is disposed of.
(VIVEK AGARWAL) JUDGE Tabish Signature Not Verified SAN Digitally signed by MOHD TABISH KHAN Date: 2023.01.05 19:37:02 IST