Facts
The petitioners, classified as permanent employees on 23.02.2011, sought a writ of mandamus directing the State to pay them the minimum of the pay scale (Rs. 5200 – 20200 + Grade Pay Rs. 1900) from the date of their classification until the implementation of the State’s new policy on 07.10.2016.
Source reference: para. 1The State contended that the petitioners had already accepted the benefits of the 07.10.2016 policy, which categorized daily wagers into skilled, semi-skilled, and unskilled groups with specific pay scales.
Source reference: para. 2The State argued that while the petitioners could not claim a higher minimum pay scale post-2016, they might be entitled to arrears based on their classification status for the period preceding the 2016 policy.
Source reference: para. 2Issues
1. Whether the petitioners are entitled to the minimum of the regular pay scale after having accepted the benefits and categorization under the State policy dated 07.10.2016.
Source reference: para. 2, 32. Whether the petitioners are entitled to arrears of the minimum of the pay scale from the date of their classification (23.02.2011) until the date the 07.10.2016 policy was extended to them.
Source reference: para. 2, 4Law Applied
Ram Naresh Rawat v. Ashwini Devi and others (2017) 3 SCC 436, which clarified the entitlement of "classified" permanent employees to the minimum of the pay scale without increments.
Source reference: para. 2Secretary, State of Karnataka v. Uma Devi (2006) 4 SCC 1 regarding the regularisation of daily wagers.
Source reference: para. 3Coordinate Bench decision in Chetan Lal Gupta v. State of M.P. (W.P. No. 39586 of 2024), which held that categorization under the 2016 policy supersedes claims for regular pay scales of the post, but does not extinguish rights to arrears accrued under previous classification orders.
Source reference: para. 3Reasoning
The Court reasoned that once the petitioners accepted the State’s 07.10.2016 policy—which formulated specific pay categories for daily wagers—they could no longer claim the minimum of a higher regular pay scale for the post, as their status was governed by that specific scheme.
Source reference: para. 2-3the Court observed that for the period between their initial classification as permanent employees (2011) and the adoption of the 2016 policy, the petitioners maintain a valid legal claim for the minimum of the pay scale.
Source reference: para. 2The Court emphasized that the 2016 policy provided wages based on categories (skilled/unskilled) rather than the scale of the specific post, making the post-2016 claim for a different pay scale unsustainable.
Source reference: para. 3Holding
the claim for a higher pay scale post-2016 was misconceived
The Court disposed of the petition by directing the petitioners to file individual comprehensive representations to the respondent No. 3 (the authority) within 10 days.
Source reference: para. 4Respondent No. 3 was directed to pass a speaking order within 60 days and extend any found benefits to the petitioners within that period.
Source reference: para. 4-5Original Court PDF
Lakshpati Prasad UpadhyayvsThe State Of Madhya Pradesh
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