ATUL PARASHAR vs STATE OF M P & OTHERS

Learned counsel for the petitioner submits that the petitioner is working on daily rated basis for a period prior to 1999. The respondents are bound to pay minimum of pay scale to the petitioner. Shri Sakalkar, learned counsel for the petitioner, placed reliance on various orders of this Court on the subject.

Shri Santosh Yadav, learned P.L. for the State opposed the said contention. However, he did not dispute that on the aspect of grant of minimum of pay scale, various orders are issued by this Court.

No other point is pressed by learned counsel for the parties.

I have heard learned counsel for the parties at length and perused the record.

This Court recently considered various judgments on this aspect in W.P. No.3921/2011 (Prakash Singh Thakur Vs. State of Madhya Pradesh). This Court opined as under: "9. The Indore Bench of this Court in the case of Sunil Kumar Daya Vs. State of M.P. & others, 2015 (3) MPLJ 422 considered various Supreme Court judgments on the point and opined that the daily rated employee is entitled to get the minimum of pay scale. It is noteworthy that in the said judgments, the Indore Bench also considered the question of grant of minimum of the pay scale on the basis of revision of pay. A plain reading of the judgment shows that if it is based on the judgment of the Supreme Court. Thus, I am unable to hold that the petitioner can be deprived from getting the benefit of minimum of scale. 10. The same view is also taken by Division Bench of this Court in D.K. Khare (supra). In Jagit Singh (supra), the Apex Court opined that in view of Article 39 (d) of the Constitution, the Work Charge, Daily Rated Employee, Casual, Contractual and Ad-hoc employees can claim minimum of the pay scale.

Considering the aforesaid, the petitioner is entitled to succeed. Resultantly, it is directed that the respondents shall pay the minimum of the scale to the petitioner within 60 days from the date of production of copy of this order.

The petition is allowed. No cost."

In the light of aforesaid, the petitioner is entitled to get similar treatment. Accordingly, this petition is allowed by directing the respondents to pay the minimum of the scale to the petitioner within 60 days from the date of production of copy of this order.

Petition is allowed. No cost.