Madhya Pradesh High Court
Chandra Bhushan Prasad Dwivedi vs The State Of Madhya Pradesh on 9 November, 2022
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 9th OF NOVEMBER, 2022
WRIT PETITION No. 25064 of 2022
BETWEEN:-
CHANDRA BHUSHAN PRASAD DWIVEDI S/O
LATE RAM PRATAP DWIVEDI, AGED ABOUT 61
YE A R S , OCCUPATION: SUPERVISOR WATER
RESOURCES DEPARTMENT JARMORA DAIN
TAT NAHAR SUB DIVISION SEMARIYA
TEONTHAR NAHAR SAMBHAG SIRMOR
DISTRICT REWA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SUDHANSHU KUMAR SINGH, ADVOCATE)
AND
1. STATE OF MADHYA PRADESH THROUGH THE
PRINCIPAL SECRETARY WATER RESOURCES
DEPARTMENT MANTRALAYA VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. ENGINEER IN CHIEF, WATER RESOURCES
D E P A R T M E N T TULSINAGAR NARMADA
BHAWAN BHOPAL (MADHYA PRADESH)
3. CHIEF ENGINEER WATER RESOURCES
DEPARTMENT GANGA VALLEY DIVISION REWA
(MADHYA PRADESH)
4. EXECUTIVE ENGINEER WATER RESOURCE
DEPARTMENT TEONTHAR NAHAR SAMBHAG
SIRMOUR DISTRICT REWA (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI VIJAY SONI, GOVT. ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Signature Not Verified
Signed by: JITIN KUMAR
CHOURASIA
Signing time: 11/9/2022
11:46:50 PM
2
The present petition has been filed by the petitioner seeking following reliefs:-
(i) The Hon'ble Court may kindly be pleased to direct the respondents to pay minimum of pay scale Rs.5200-20200 grade pay Rs.1900/- since the date of his classification i.e. 23.06.2011 and also pay him arrears of salary from the said date with all consequential benefit (As per Annexure P/2 & P/3), in the interest of justice;
(ii) To grant any other relief which may deem fit and proper in the facts and circumstances of the case.
Learned counsel for the petitioner has submitted that case of the petitioner 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 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 Signature Not Verified arrears of salary by taking into account his classification which was done on Signed by: JITIN KUMAR CHOURASIA Signing time: 11/9/2022 11:46:50 PM 3 23.06.2011."
Learned counsel for the petitioner has further submitted that petitioner has already been classified as permanent employee vide order dated 23.06.2011.
Learned Govt. Advocate appearing for the respondents/State, has not disputed the aforesaid fact.
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 petitioner has made out a case for interference and his 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 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.
Certified copy as per rules.
(NANDITA DUBEY) JUDGE jk Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 11/9/2022 11:46:50 PM