Madhya Pradesh High Court
Rajesh Kumar Sharma vs The State Of Madhya Pradesh on 5 September, 2023
Author: Nandita Dubey
Bench: Nandita Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE NANDITA DUBEY
ON THE 5 th OF SEPTEMBER, 2023
WRIT PETITION No. 21736 of 2023
BETWEEN:-
1. R A J E S H KUMAR SHARMA, S/O SHRI
JAWAHARLAL SHARMA, AGED ABOUT 61 YEARS,
OCCUPATION: GAGE READER, SKILLED LABOUR
DAILY RATED (PERMANENT EMPLOYEE) IN
WATER RESOURCES DEPARTMENT, MAHAN
CANAL SUB DIVISION SIDHI, DISTRICT SIDHI
(MADHYA PRADESH)
2. SURENDRA PRATAP SINGH, S/O SHRI TEJ
BAHADUR SINGH, AGED ABOUT 61 YEARS,
OCCUPATION: GAGE READER, SKILLED LABOUR
DAILY RATED (PERMANENT EMPLOYEE) IN
WATER RESOURCES DEPARTMENT, MAHAN
CANAL, SUB DIVISION SIDHI, DISTRICT SIDHI
(MADHYA PRADESH)
3. RAVENDRA SINGH, S/O SHRI JAGJAHIR SINGH,
AGED ABOUT 59 YEARS, OCCUPATION: GAGE
READER, SKILLED LABOUR, DAILY RATED
(PERMANENT EMPLOYEE) IN WATER
RESOURCES DEPARTMENT, MAHAN CANAL SUB
DIVISION SIDHI, DISTRICT SIDHI (MADHYA
PRADESH)
4. DEVI SINGH, S/O SHRI DEEP NARAYAN SINGH,
AGED ABOUT 60 YEARS, OCCUPATION: GAGE
READER, SKILLED LABOUR, DAILY RATED
(PERMANENT EMPLOYEE) IN WATER
RESOURCES DEPARTMENT, MAHAN CANAL SUB
DIVISION SIDHI, DISTRICT SIDHI (MADHYA
PRADESH)
5. RAMGOPAL VERMA, S/O SHRI BHAGWAT
PRASAD VERMA, AGED ABOUT 59 YEARS,
OCCUPATION: EDUCATED SKILLED LABOUR,
DAILY RATED (PERMANENT EMPLOYEE) IN
WATER RESOURCES DEPARTMENT, MAHAN
CANAL SUB DIVISION SIDHI, DISTRICT SIDHI
(MADHYA PRADESH)
Signature Not Verified
Signed by: SHARAN JEET
KAUR
Signing time: 9/5/2023
3:42:24 PM
2
6. RAMNARESH SHUKLA, S/O SHRI JAGESHWAR
PRASAD, AGED ABOUT 63 YEARS, OCCUPATION:
RETIRED SUPERVISOR, DAILY RATED
(PERMANENT EMPLOYEE) IN WATER
RESOURCES DEPARTMENT, MAHAN CANAL SUB
DIVISION KUSMI, DISTRICT SIDHI (MADHYA
PRADESH)
7. PREMLAL SHARMA, S/O SHRI SUDARSHAN RAM
TIWARI, AGED ABOUT 60 YEARS, OCCUPATION:
FIELD ASSISTANT SKILLED EDUCATED LABOUR,
DAILY RATED (PERMANENT EMPLOYEE) IN
WATER RESOURCES DEPARTMENT, MAHAN
CANAL DIVISION SIDHI, DISTRICT SIDHI
(MADHYA PRADESH)
8. DEVENDRA BAHADUR SINGH, S/O SHRI ANAND
BAHADUR SINGH, AGED ABOUT 63 YEARS,
OCCUPATION: RETIRED EDUCATED SKILLED
LABOUR, DAILY RATED (PERMANENT
EMPLOYEE) IN WATER RESOURCES
DEPARTMENT, MAHAN SHIRSH KARYA SUB
DIVISION NO. 1, KHADDI, DISTRICT SIDHI
(MADHYA PRADESH)
9. JEET NARAYAN TIWARI, S/O SHRI SHESHMANI
TIWARI, AGED ABOUT 63 YEARS, OCCUPATION:
RETIRED SUPERVISOR, DAILY RATED
(PERMANENT EMPLOYEE) IN WATER
RESOURCES DEPARTMENT, MAHAN CANAL SUB
DIVISION KUSMI, DISTRICT SIDHI (MADHYA
PRADESH)
10. SUSHIL KUMAR SHUKLA, S/O LATE SHRI RAM
NARAYAN SHUKLA, AGED ABOUT 63 YEARS,
OCCUPATION: RETIRED EDUCATED SKILLED
LABOUR, DAILY RATED (PERMANENT
EMPLOYEE) IN WATER RESOURCES
DEPARTMENT, MAHAN CANAL SUB DIVISION
SIDHI, DISTRICT SIDHI (MADHYA PRADESH)
11. RAMESH KUMAR SONI, S/O SHRI BUDDHSEN
SONI, AGED ABOUT 57 YEARS, OCCUPATION:
CHOWKIDAR, DAILY RATED (PERMANENT
EMPLOYEE) IN WATER RESOURCES
DEPARTMENT, MAHAN SHIRSH KARYA SUB
DIVISION NO. 1 KHADDI, DISTRICT SIDHI
(MADHYA PRADESH)
12. TRIVENI PRASAD MISHRA, S/O SHRI RAM
PRATAP MISHRA, AGED ABOUT 57 YEARS,
OCCUPATION: SKILLED EDUCATED LABOUR,
Signature Not Verified
Signed by: SHARAN JEET
KAUR
Signing time: 9/5/2023
3:42:24 PM
3
DAILY RATED (PERMANENT EMPLOYEE) IN
WATER RESOURCES DEPARTMENT, MAHAN
CANAL SUB DIVISION SEMARIYA, DISTRICT
SIDHI (MADHYA PRADESH)
13. RAJENDRA PRASAD MISHRA, S/O SHRI
VANSHPATI PRASAD MISHRA, AGED ABOUT 56
Y E A R S , OCCUPATION: EDUCATED SKILLED
LABOUR, DAILY RATED (PERMANENT
EMPLOYEE) IN WATER RESOURCES
DEPARTMENT, MAHAN CANAL SUB DIVISION
SEMARIYA, DISTRICT SIDHI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI BRIJESH KUMAR CHOUBEY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, WATER
RESOURCES DEPARTMENT, VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. ENGINEER-IN-CHIEF, WATER RESOURCES
DEPARTMENT, TULSI NAGAR, BHOPAL (MADHYA
PRADESH)
3. CHIEF ENGINEER, GANGA KACHAAR, WATER
RESOURCES DEPARTMENT ZONE REWA,
DISTRICT REWA (MADHYA PRADESH)
4. SUPERINTENDING ENGINEER, MAHAN PROJECT
(GULAB SAGAR), WATER RESOURCES
DEPARTM ENT, RANGE SIDHI, DISTRICT SIDHI
(MADHYA PRADESH)
5. EXECUTIVE ENGINEER, WATER RESOURCES
DEPARTMENT, MAHAN CANAL DIVISION SIDHI,
DISTRICT SIDHI (MADHYA PRADESH)
.....RESPONDENTS
(BY MS. PRIYANKA MISHRA - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, the Court passed the
following:
ORDER
The present petition has been filed by the petitioners seeking following Signature Not Verified Signed by: SHARAN JEET KAUR Signing time: 9/5/2023 3:42:24 PM 4 reliefs:-
"7.1 That, it is therefore prayed that this Hon'ble Court may kindly be pleased to call for the entire service records in the interest of justice.
7.2 That, the Hon'ble court may be pleased to issue a writ of Mandamus commanding the respondents No.5 to pay minimum of pay scale of Rs.5200-20200 grade pay Rs.1900/- since the date when petitioners were classified as permanent employees i.e. 20.06.2011 and also pay the arrears of salary from the said date along with all the consequential benefits in the light of (Annexure P/2 and P/3), in the interest of justice.
7.3 Any other relief/order or directions, as this Hon'ble High Court deems fit and proper looking to the facts and circumstances of the case deemed fit and proper in the interest of justice may please be awarded along with the cost of proceedings."
Counsel for the petitioners has submitted that case of the petitioners is squarely covered by the order passed by the Coordinate Bench of this Court in the case of Chandra Bhushan Prasad Dwivedi Vs. The State of Madhya Pradesh passed in W.P. No. 12210/2017 dated 17.08.2017 in which this Court while relying upon the decision rendered by the Apex Court in the case of Ram Naresh Rawat Vs. Ashwini Devi and Others reported in (2017) 3 SCC 436 has held as under:-
"Resultantly, the present petition is disposed of with a Signature Not Verified Signed by: SHARAN JEET KAUR Signing time: 9/5/2023 3:42:24 PM 5 direction to the respondents to grant minimum of the pay scale with no increment to the petitioner from the date of his classification. The exercise of granting the benefit be concluded within a period of three months from the date of receipt of the certified copy of this order.
The petitioner shall also be entitled for arrears of salary by taking into account his classification which was done on 23.06.2011."
Counsel for the petitioners has further submitted that petitioners has already been classified as permanent employee vide order dated 20.06.2011.
Having considered the rival submissions and taking note of the order passed by the Coordinate Bench of this Court in the case of Chandra Bhushan Prasad Dwivedi Vs. The State of Madhya Pradesh passed in W.P. No. 12210/2017 dated 17.08.2017, this Court is satisfied that petitioners has made out a case for interference and their case is also squarely covered by the order passed by this Court in W.P. No. 12210/2017 (supra).
In view of the aforesaid, this petition stands allowed with a direction to the respondents to grant minimum of the pay scale with no increment to the petitioners from the date of their classification. The exercise of granting the benefit be concluded within a period of three months from the date of receipt of the certified copy of this order. The petitioners shall also be entitled for arrears of salary by taking into account their classification which was done on 20.06.2011.
Petition accordingly stands allowed and disposed of Signature Not Verified Signed by: SHARAN JEET KAUR Signing time: 9/5/2023 3:42:24 PM 6 (NANDITA DUBEY) JUDGE sjk Signature Not Verified Signed by: SHARAN JEET KAUR Signing time: 9/5/2023 3:42:24 PM