KASHI PRASAD KACHHI Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioners were engaged as daily wage employees under the Ban Sagar Devlond Project, District Shahdol, prior to 31.12.1988. The cases of the petitioners for grant of regularization/regular pay scale and other benefits have been considered by the respondents in compliance of orders passed by this Court. The petitioners were regularized on the post of Timekeeper in the pay scale of Rs.2750 - Rs.4400/ - under the work charged establishment as per Order Annexure P/1. The respondents have granted the similar benefit of regularization to other similarly situated persons, namely, Sarvshree Ramsushil Tripathi, Tulsidas, Ramlal Pandey and Ramniwas Pandey. Later on vide Order dated 04.09.2008 (Annexure P/3) and order dated 24.10.2008, the respondents have granted benefit of regularization to above named persons with effect from 26.01.1989 while no orders in favour of the petitioners has been passed. Although, these Timekeepers were not only similarly situated with the petitioners, but even were juniors to them as daily wager. In the above situation, the petitioners made representation (Annexure P/4) before the respondents for grant of regular pay scale to them similarly to the other time keepers, but same has not been granted nor representation has been decided. The respondents are paying fixed pay of Rs.2750/ - to the petitioners while junior time keepers were getting first annual increment on 26.01.1990 which is highly discriminatory, unjust and illegal.

(2.) HENCE , prayed for following reliefs: -

(3.) BY filing reply, respondents justified the fact of not granting annual increment to the petitioners because they are not entitled for the same as per the law laid down by the Apex Court in case of Secretary, State of Karnataka vs. Umadevi (2006) Vol.4 SCC 1, and in case of M.P. Urja Vikas Nigam Ltd. and others vs. Rudra Prasad Mishra, W.P. No.419/2007 on 02.05.2007 decided by a Division Bench of this Court. On the strength of decision of Umadevi (supra), it is submitted that employees who are working as daily rated employees granted regular pay scales are only entitled to get the minimum of scale, nothing more. Therefore, the petition being bereft of merit, deserves to be dismissed.