JANKI PRASAD GARG Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner has filed this petition claiming the following reliefs:

(2.) IT is submitted by the learned counsel for the petitioner that the petitioner v was working in the Water Resources Department as Semi Skilled daily wager, a previous occasion, had approached this Court by filing WP (s) No. 152/04 wh was disposed of with a direction to the respondents to consider his case regularization. As nothing was done by the respondents, the petitioner filed WP no. 2573/06 (s) and this petition was also disposed of by order dated 4-8-2006 relying upon the order passed by this Court in WP No. 3838/05 (s) (Daddi Lal yadav v. State of M. P and others) in the following terms: in W. P. No. 3838/05 (s) (Daddi Lai Yadav v. State of M. P. and others) and other writ petitions as per common order dated 3-8-2006, on due consideration of the decisions of the Apex Court in Secretary, State of Karnataka and others v. Umadevi and others-2006 AIR SCW 1991 - (2006) 4 SCC 1, State of Punjab and others v. Devinder Singh and others (1998) 9 SCC 595, sate of Punjab v. Talwinder Singh and others (2003) 11 SCC 776 and decision of Division Bench of this Court in State of M. P. and others v. Pqdam Chand and others'2006 (2) MPLJ 397 for the reasons stated in the common order, this Court has held that -

(3.) IT is submitted by the learned counsel for the petitioner that in spite of the aforesaid direction, the respondents authorities instead of paying him minimum the scale along with the daily allowance totaling a sum of Rs. 4055/- as indicated in Annexure P-4, have now started paying the petitioner Rs. 2438/-which is the minimum wage prescribed for a semi skilled daily wager. The ) contention of the learned counsel for the petitioner is that the aforesaid act of the respondents is contrary to law as the petitioner in view of the order passed by this Court in the previous petitions filed by him is entitled to the pay Rs. 4055/- and the amount being paid to him cannot be reduced to Rs. 2438/-per month which is the rate prescribed for a semiskilled daily wager specifically in view of the order passed by this Court on 4-8-2006 in WP no. 2576/06 (s) which was disposed of in the light of the order passed in the case of Daddi Lal Yadav v. State ofm. P.