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Writ Appeal No. 632/2009
Writ Appeal No.633/2009
Writ Appeal No. 634/2009
01.11.2011
These bunch of three cases arise out of the writ petitions filed
by the employees seeking regular payscales applicable to the posts on
which they were classified as permanent employees under the M.P.
Industrial Employment (Standing Orders) Rules, 1963 [hereinafter
referred to as `the Standing Orders’]. The orders of Classification on the
posts was not challenged by the employerState and has attained
finality. The employees filed writ petitions before the learned Single
Judge claiming the payscale applicable to the post on which they
were classified as permanent employees, but by the impugned orders
the learned Single Judge has dismissed the writ petitions.
Similar issue arose in bunch of cases headed by Writ Appeal
No.1266/2010 [State of M.P. and others vs. Rupram Yadav] decided
today, in which it has been held that classification as a permanent
employee on a particular post results in entitlement of the employee
to the regular payscale applicable to the post as also the benefit and
entitlement to other service conditions applicable to the post in
respect of the employees recruited to that post by way of regular
appointment, unless such benefit is excluded by contract or by some
law. No such contract or legal restriction has been brought to our
notice.
For the aforementioned reasons the writ appeals are allowed,
the impugned orders are set aside, and it is directed that the
appellantsemployees will be entitled to the regular payscales (with
effect from the date on which such classification became effective)
which are payable to the normally appointed employees for the post
against which they have been classified.
(Sushil Harkauli) (Alok Aradhe)
Acting Chief Justice Judge
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ac.
