MILAN SEN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioners have filed this writ petition under Article 226 of the Constitution of India challenging impugned order dtd. 13/3/2024 contained in Annexure P/5 by which the respondents had denied the benefit of Seventh Pay Commission to them.

(2.) Counsel appearing for the petitioners submitted that petitioners have been classified as a permanent employee in accordance with circular of the State Govt. dtd. 7/10/2016. After getting permanent status, petitioners are entitled to get benefit of seventh pay commission as applicable to them. Counsel for the petitioners relies upon Division Bench Judgment passed in case of Laxminarayan and others Vs. State of Madhya Pradesh and others -W.P.No. 14925/2024 dtd. 17/9/2025. It is submitted that case of the petitioners is squarely covered by the judgment and petitioners be given benefit.

(3.) Govt. Advocate for the State submitted that petitioners cannot be given benefit of seventh pay commission. It is submitted that as per Clause 2(b)(VIII) of circular issued by the State Govt. dtd. 20/7/2017, wherein it has been laid down that benefit of seventh pay commission shall not be applicable on some of the Govt. Employees. Govt. employees were categorized in Clause 2(b). It is submitted that petitioners fall in category of 2(b)(VIII) which lays down that daily wagers who had been classified as permanent on basis of circular dtd. 7/10/2016 will not get benefit of circular of State Govt. dtd. 20/7/2017.