BAJRANG KALE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 of the Constitution of India, for extending the benefit of 7th Pay Commission.

(2.) The petitioner is working as daily rated employee of the Narmada Valley Development Department (N.V.D.A.). That, earlier the benefit of 6th Pay Commission was granted to some of the daily rated employees, but some of the similarly situated persons were not granted the benefit of pay scale of 6thPay Commission. One of such employees has filed a writ petition bearing W.P. No.5332/2010 (Kishorilal Prajapati and Ors. Vs. State of M.P. and Ors.). The said writ petition was allowed vide order dated 3/07/2012 and the order passed by the learned Single Judge was confirmed in the writ petition as well as in the SLP filed by the State Government. Thereafter, the benefit of 6th Pay Scale was granted to the employees.

(3.) The petitioner being similarly situated has also filed several writ petitions before this Court and these petitions were also allowed in terms of order which is passed in the case of Kishorilal Prajapati (supra). That, thereafter, the 7th Pay Commission was made applicable to the State Government employees w.e.f. 1/01/2016. The petitioner submits that as the benefit of 5th and 6th Pay Scale was extended to them at par with the Government employees, therefore, he is also entitled to get the benefit of 7th Pay Scale.