Yugal Kishore Vishwakarma Alias Jugal Kishore Vishwakarma vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-JBP:90019
1 WA-3062-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE PRADEEP MITTAL
th
ON THE 5 OF NOVEMBER, 2026
WRIT APPEAL No. 3062 of 2026
CNR No.: MPHC010616952026
YUGAL KISHORE VISHWAKARMA ALIAS JUGAL KISHORE
VISHWAKARMA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Prabhakar Singh - Advocate for the appellant.
Shri Darshan Soni - Government Advocate for the respondent/State.
ORDER
Per: Justice Vivek Rusia
The appellant has filed this present writ appeal under Section 2(1) of
the Madhya Pradesh Uchcha Nyayalay (Khand Nyaypeeth Ko Appeal)
Adhiniyam, 2005, being aggrieved by the order dated 13.07.2026 passed in
W.P. No.22082/2026, whereby the writ petition was dismissed on the ground
of delay and laches.
2. Learned counsel appearing for appellant submits that appellant
ought to have been paid increased wages from the date of classification i.e.
from the year 2011. However, the respondents granted the said benefit from
01.09.2016.
Signature Not Verified
Signed by: ASHISH KOSHTA
Signing time: 06-11-2026
12:46:58

NEUTRAL CITATION NO. 2026:MPHC-JBP:90019
2 WA-3062-2026
3. The appellant claimed the parity with the similarly placed persons

who have been granted the benefit of minimum pay scale from the date of
classification as permanent employee. First, one Chandra Bhushan Prasad
Dwivedi approached this Court by way of W.P. No.12210/2017 claiming
minimum pay scale without increment from the date of classification as
permanent employee. The said writ petition was allowed on 17.08.2017
relying on the judgments passed in case of Ram Naresh Rawat Vs. Ashwini
Devi and Others reported in (2017) 3 SCC 436 and order dated 12.09.2011
passed in W.P. No.14359/2011 (Prahlad vs. State of M.P.) . The said order
was complied with by the respondent, vide order dated 26.03.2018.
Thereafter, many more similarly placed employees approached this Court
time to time by way of separate writ petition, and all were allowed by relying
on the judgment passed in Chandra Bhushan Prasad Dwivedi (supra). A
bunch of the employees approached this Court by way of W.P.
No.27089/2022, who were classified alongwith this petitioner in the year
2011. The writ petition came to be allowed vide order dated 24.11.2022,
which is reproduced below:
"The present petition has been filed by the petitioners seeking following reliefs:-
(i) 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.
(ii) That, the Hon'ble court may be pleased to issue a writ of
Mandamus commanding the respondents to pay minimum of pay scale
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.
(iii) 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
Signature Not Verified
Signed by: ASHISH KOSHTA
Signing time: 06-11-2026
12:46:58

NEUTRAL CITATION NO. 2026:MPHC-JBP:90019
3 WA-3062-2026
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 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 have 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 have 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 petitioner shall also be entitled for arrears of salary by taking
into account his classification which was done on 20.06.2011.
Petition accordingly stands allowed and disposed of."
4. Vide order dated 09.10.2024 (Annexure P/5), all the writ
petitioners (therein) were granted the benefit of arrears of minimum pay
scale of Rs.4,89,121/-. After issuance of the aforesaid order, the petitioner
approached this Court by way of W.P. No.22082/2026, which was dismissed
on the ground of delay. But the petitioner is identically placed persons, who
have been granted the benefit of arrears of pay scale from 07/2011 to
06/2023 hence there was no delay in approaching the High Court on part of
the writ petitioner.
5. Recently, the Water Resources Department has issued a general
letter dated 16.10.2024 (Annexure A/3) for grant of benefit of arrears of pay
scale to all retired employees. Therefore, the writ appeal is allowed. The
order dated 13.07.2026 passed in W.P. No.22082/2026 is hereby set aside.
Signature Not Verified
Signed by: ASHISH KOSHTA
Signing time: 06-11-2026
12:46:58

NEUTRAL CITATION NO. 2026:MPHC-JBP:90019
4 WA-3062-2026
Let the claim of the petitioner be considered in the light of orders dated

16.10.2024 (Annexure A/3) and 09.10.2024 (Annexure P/5) within 60 days
from the date of submission of the representation and certified copy of this
order.
(VIVEK RUSIA)
(PRADEEP MITTAL)
JUDGE
JUDGE
ak/
Signature Not Verified
Signed by: ASHISH KOSHTA
Signing time: 06-11-2026
12:46:58