RAKESH KUMAR DUBEY Vs. SHRI PANKAJ AGRAWAL

JUDGEMENT

(1.) The aforesaid order dated 7/2/2012 was put to challenge by respondents but the Division Bench of this Court dismissed the writ appeal declaring that the workmen who have been classified as permanent employees are entitled to fixation and payment of salary in the regular pay scale including increment which are admissible to substantively appointed employees after being subjected to the statutory recruitment process.

(2.) The State has responded by contending that the issue involved herein is subjudice before the Apex Court in various SLP's filed by the State including SLA(Civil) CC 17998/2010 in the case of State of M.P. & Ors. Vs. Smt. Aarti Saxena wherein the Apex Court by interim order dated 03.12.2010 has stayed a judgment of this Court which is claimed by the State to be similar to the judgment whose non-compliance is alleged herein. State further informs that the said SLA(Civil) CC 17998/2010 continues to be pending and the interim order subsists till date, which fact is found to be true on verification from the Supreme Court website.

(3.) The above said issue of an employee declared to be permanent by way of classification to be entitled to salary in the regular pay scale or not has since been decided authoritatively by the Apex Court in its judgment dated 15.12.2016 in various contempt petitions (C) including Contempt Petition (C) No. 771/15 in SLP(C)No.25284/12 in the case of Ram Naresh Yadav Vs. Ashwini Ray & Ors, whereby the Apex Court has inter alia held thus: