Madhya Pradesh High Court

### Permanently classified employees are entitled to the minimum of the graded pay scale without increments.

Ramsingh Kushwah vs The State Of Madhya Pradesh

Madhya Pradesh High CourtJUDGMENT: July 17, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner was appointed as a daily wage employee in March 1990.

Source reference: p.2

On 02.03.2004, pursuant to a court order, he was classified as a "permanent" employee on the post of Sthal Sahayak (Spot Assistant), a Class-III post.

Source reference: p.2

The respondents never extended the financial benefits of this classification and instead later regularized him as a "Helper" (a Class-IV post) under the 07.10.2016 Policy, paying him at a lower semi-skilled rate.

Source reference: p.2

The petitioner challenged this, seeking the difference of arrears and the pay scale attached to the Class-III post from the date of his classification.

Source reference: p.1

The State contended that classification is a temporary arrangement and does not equate to a regular appointment on merit.

Source reference: p.2
02

Issues

1. Whether an employee classified as "permanent" is entitled to the pay scale of the post on which they were classified.

Source reference: p.3 / para. 5-7

2. Whether the petitioner is entitled to the minimum of the pay scale of the Class-III post (Sthal Sahayak) from the date of his classification despite subsequent regularization in a Class-IV post.

Source reference: p.4 / para. 9-10
03

Law Applied

Legal principles established by the Supreme Court in Ram Naresh Rawat v. Ashwini Ray (2017) 3 SCC 436.

Source reference: p.3, para 5

The precedent distinguishes between "permanent" and "regular" employees, holding that while a "permanent" employee is not "regularized" and thus not entitled to increments, they possess a legal right to receive the minimum of the graded pay scale (as revised from time to time) for the post on which they are classified.

Source reference: p.3, para 6-8
04

Reasoning

The court found that the petitioner’s status as a permanently classified employee on a Class-III post since 02.03.2004 was undisputed and had previously been upheld by the High Court.

Source reference: p.4, para 10

Applying the Ram Naresh Rawat doctrine, the court reasoned that the petitioner acquired a vested right to the minimum of the pay scale of Sthal Sahayak (Spot Assistant) upon classification.

Source reference: p.4, para 10

The State’s argument—that the petitioner was only entitled to Class-IV benefits because he was never "regularly" appointed through a merit-based process—was rejected because the claim was for the benefits of "classification," not "regularization".

Source reference: p.3-4

The court determined that the petitioner must be paid the difference between what he received as a daily wager/Sthai Karmi and the minimum of the Class-III pay scale for the period between his classification and his subsequent status change under the 2016 Circular.

Source reference: p.4-5
05

Holding

The Court allowed the writ petition and held that a permanently classified employee is entitled to the minimum of the revised pay scale of their classified post.

The respondents were directed to: (i) confer the benefit of the minimum of the pay scale for the post of Sthal Sahayak (Class-III) to the petitioner from 02.03.2004 until the date he was classified as Sthai Karmi under the 07.10.2016 Circular; and (ii) comply within three months, failing which the arrears will carry 6% interest per annum.

Source reference: p.5, para 11
Madhya Pradesh High Court

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Ramsingh KushwahvsThe State Of Madhya Pradesh

Madhya Pradesh High Court · July 17, 2026

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