Madhya Pradesh High Court
Employment and Labour LawAdministrative and Public Law

### 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
### 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 Court. LawLens
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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