OMPRAKASH BARAKYA BADOLE Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioners have filed the present writ petition seeking direction to the respondents for extending the benefit of 5th and 6th Pay-Commission to them from the date its implementation i.e. w.e.f 01/01/1996 and 01/01/2006 respectively.

(2.) The petitioners were working as daily wager employees of the respondents and had already completed 240 days services. The petitioner has stated that they have completed more than 22 years of service. They further stated that the respondents have granted the benefit of 5th & 6th Pay Commission from the date of its implementation i.e. w.e.f 01/01/1996 and 01/01/2006 respectively to the similarly situated persons, however, the same benefit has not been granted to the petitioners. The petitioners have further stated that although the name of the petitioners have been sent by the Executive Engineer, NVDA for grant of 6th Pay- Commission, but no benefit has been extended to them. The petitioners have, therefore, filed writ petition no.5597/2015 before this Court and the same was disposed of vide order dated 08.02.2016 directing the respondents to consider the case of the petitioner for grant of benefit of 5th & 6th pay- scale in light of the order dated 10.04.2015 passed by this Court in W.P. no.3415/2015. In pursuant to the directions issued by this Court, the respondents have considered the case of the petitioner and the matter was sent to the Council of Ministers along with other employees for grant of minimum of pay-scale along with the arrears of 5th and 6th Pay-scale to the employers of NVDA. The Council of Ministers vide its meeting dated 05/07/2016 has approved the grant of minimum of the pay-scale of 5th & 6th Pay- Commission and its arrears. Thereafter, on 18/07/2016 the respondents have issued an order for grant of minimum pay- scale of 5th and 6th Pay-Commission to the petitioners and other employees. Thereafter, vide order dated 16/11/2016 the State Government has granted minimum of the pay-scale and arrears of 6th pay-scale to the petitioner from the date of applicability of 6th pay-scale. The Executive Engineer thereafter had passed the order dated 11/07/2017 and granted the minimum of the pay-scale of 6th Pay-Commission to the petitioner from the date of filing of the petition instead of from the date of implementation of the 6 th Pay-Commission. Being aggrieved by that order, present writ petition has been filed.

(3.) Learned counsel for the petitioner submits that this Court in the case of Smt.Rani Gangrade vs. State of M.P & others (W.P.No.4361/2006(s) passed on 01.05.2017 and Kishorilal Prajapati and others Vs. State of M.P and others (W.P. no. 5332/2010(s) passed on 03/07/2012) which are upheld by Hon'ble Supreme Court has held that the employees working in the NVDA are entitled for the benefit of 5th & 6th Pay-scale from the date of its applicability, therefore, the respondents have erred in passing the impugned order thereby granting the benefit to the petitioner from the date of filing of the petition. Therefore, he further submits that the order passed by this Court in the case of Rani's Gangrade (supra) and Kishorilal Prajapati's case (supra) have been upheld by the Hon'ble Supreme Court, therefore, the respondents are duty bound to comply with the order passed by this Court in the cases of similarly situated employees. The Council of Ministers has already approved the case of the petitioners for grant of 6th Pay-scale from the date of its applicability and therefore, now the Executive Engineer has no power to grant the said benefit from the date of filing of the petition.