Madhya Pradesh High Court

WP/2411/2024 of RAM SINGH MOGIYA Vs THE STATE OF MADHYA PRADESH on 5 February 2024

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COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKEON THE 5[th] OF FEBRUARY, 2024

WRIT PETITION No. 2411 of 2024

BETWEEN:-

1.RAM SINGH MOGIYA S/O SHRI MOOL CHAND,AGED ABOUT 53 YEARS, OCCUPATION: SERVICEWARD NO 1 RAGHOGARH DISTRICT GUNA(MADHYA PRADESH)AGED ABOUT 53 YEARS, OCCUPATION: SERVICEWARD NO 1 RAGHOGARH DISTRICT GUNA(MADHYA PRADESH)

2.SUNDAL LAL MOGIYA S/O SHRI RAM LAL, AGEDABOUT 63 YEARS, R/O WARD NO. 1, RAGHOGARH,GUNA (MADHYA PRADESH)

(BY SHRI B.P. SINGH - ADVOCATE)

.....PETITIONER

AND

1.THE STATE OF MADHYA PRADESH PRINCIPALSECRETARY, PUBLIC WORKS DEPARTMENT,MANTRALAYA, VALLABH BHAWAN, BHOPAL(MADHYA PRADESH)SECRETARY, PUBLIC WORKS DEPARTMENT,MANTRALAYA, VALLABH BHAWAN, BHOPAL(MADHYA PRADESH)

2.ENGINEER IN CHIEF, PUBLIC WORKSDEPARTMENT 27-28, FIRST FLOOR, NIRMANBHAWAN, ARERA HILLS BHOPAL (MADHYAPRADESH)DEPARTMENT 27-28, FIRST FLOOR, NIRMANBHAWAN, ARERA HILLS BHOPAL (MADHYAPRADESH)

3.CHIEF ENGINEER (NORTH ZONE) PUBLIC WORKSDEPARTMENT THATIPUR, MORAR, GWALIOR(MADHYA PRADESH)DEPARTMENT THATIPUR, MORAR, GWALIOR(MADHYA PRADESH)

4.EXECUTIVE ENGINEER, PUBLIC WORKSD EPARTM EN T, DIVISION NO.1, GWALIOR(MADHYA PRADESH)D EPARTM EN T, DIVISION NO.1, GWALIOR(MADHYA PRADESH)

(BY SHRI K.S. TOMAR - ADVOCATE)

.....RESPONDENTS

This petition coming on for admission this day, the court passed the following:

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ORDER

This petition under Article 226 of the Constitution of India has been filed seeking following reliefs :

(i) That, respondents may kindly be directed to extend thebenefit of revised pay scale under recommendation of 7th PayCommission w.e.f. 01.01.2016.

(ii) That, the respondents may further be directed to fix thesalary of petitioner in respective pay bands with arrears &interest thereof.

(ii) Any other relief, which this Hon'ble Court may deem fit andproper may also be given to the petitioner along with costs.

It is submitted by counsel for petitioner that this petition is duly covered by order dated 19/07/2022 passed in W.P. No.14143/2022 (Jaswant Singh Vs. State of Madhya Pradesh & Others).

The submission made by counsel for petitioner is not controverted by counsel for State.

Heard learned counsel for the parties.

The following order was passed by this Court in case of Jaswant Singh (Supra) :- It is submitted by the counsel for the petitioner that the controversyinvolved in the present case is covered by order dated 27.01.2022 passedin W.P. No.149/2022 (Bal Krishna Batham Vs. The State of Madhya Pradesh and others), which reads as under :

Petitioner, a daily wage employee, is before this Court witha grievance that though he has been entitled for minimum of therevised pay-scale of Class-IV employee, however,corresponding revised pay-scale of the 7th Pay Commission hasnot been awarded to the petitioner as after 01.01.2016, he isentitled for revision of pay under 7th Pay Commission. He reliesupon the order passed by coordinate bench of this Court on29/08/2019 in WP No.11122/2018 vide Annexure P/3 to bolsterhis submission.

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In the obtaining facts and circumstances, it is consideredapposite to direct the petitioner to file a representation in theaforesaid factual context and seeks redressal of grievance.

If such representation is filed in person within 15 daysbefore the competent authority, the same shall be adverted to bythe said authority with promptitude but not later than threemonths.

With the aforesaid direction, the present petition standsdisposed of.

It is made clear that this Court has not expressed any opinionon merits of the case.

Accordingly, this petition is also disposed of in the terms andconditions of order dated 27.01.2022 passed in the case of Bal KrishnaBatham (supra).

Accordingly, this petition is also disposed of in the terms andconditions of order dated 19/07/2022 passed in the case of JaswantSingh (Supra).

(MILIND RAMESH PHADKE)JUDGE

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