Madhya Pradesh High Court
Virendra Kumar Chaturvedi vs The State Of Madhya Pradesh on 6 November, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1
HIGH COURT OF MADHYA PRADESH
WP.No.11130/2020
(Virendra Kumar Chaturvedi Vs. The State of M.P. & Others)
Gwalior, Dated : 06.11.2020
Shri B.P.Singh, learned counsel for the petitioner.
Shri Udit Saxena, learned Panel Lawyer for the State.
In the wake of unprecedented and uncertain situation due to
outbreak of the Novel Corona virus (COVID-19) and considering the
advisories issued by the Government of India, this petition has been
heard and decided through video conferencing to maintain social
distancing. The parties are being represented by the respective counsel
through video conferencing, following the norms of social distancing/
physical distancing in letter and spirit.
The present petition filed under Article 226 of the Constitution
prays for the following reliefs:-
"(i) That, a direction may kindly be given to the
respondents to pay the salary as per graded pay
scale of the post of the Chowkidar to the petitioner from the date of his classification as held by the Hon'ble Supreme Court in the case of Ram Naresh Rawat.
(ii) Any other relief which this Hon. Court may deem fit and proper may also be given to the petitioner."
Petitioner who happens to be a Permanent Chowkidar submits that despite having been classified as a permanent employee vide P/2 under the M.P. Industrial Employment (Standing Order) Act 1961, no 2 HIGH COURT OF MADHYA PRADESH WP.No.11130/2020 (Virendra Kumar Chaturvedi Vs. The State of M.P. & Others) benefit of regular pay scale has been extended to him. He submits that the classification order of the petitioner is still intact and has not been cancelled by the authorities.
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 3 HIGH COURT OF MADHYA PRADESH WP.No.11130/2020 (Virendra Kumar Chaturvedi Vs. The State of M.P. & Others) 'permanent employee' has right to receive pay in the graded pay- scale, at the same time, he would be getting only minimum of the said pay scale with no increments. It is only the regularization in service which would entail grant of increments etc. in the pay scale.
28. These contempt petitions are, accordingly, dismissed."
In view of the above and considering the statement made by the counsel for the petitioner, it is directed that petitioner shall submit a detailed representation to the competent authority and in turn, the competent authority is directed to dwell upon the same and decide the same by passing speaking order within a period of three months from the date of receipt of certified copy of this order. In case it is found that the order of classification of the petitioner is not cancelled at any point of time, then the petitioner be paid the minimum of the pay scale admissible to the post on which he has been classified as a permanent employee without any increment. Arrears if any be worked out, as a necessary consequence and be paid to the petitioner within a further period of two months.
Accordingly, this petition stands disposed of with no order as to the cost.
E-copy of this order be provided to the petitioner and E-copy of this order be sent to the trial Court concerned for compliance. It is 4 HIGH COURT OF MADHYA PRADESH WP.No.11130/2020 (Virendra Kumar Chaturvedi Vs. The State of M.P. & Others) made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.
(Vishal Mishra)
AK/- Judge
ANAND KUMAR
2020.11.06
18:22:16 +05'30'