Have Been Fighting This Battle For Regular Pay-Scale Since 2016: Supreme Court Allows Appeals Of Employees
The Apex Court allowed the Appeals of employees preferred against the Judgment of the Madhya Pradesh High Court.
The Supreme Court allowed the Appeals of employees preferred against the Judgment of the Madhya Pradesh High Court by which it denied regular pay-scale to them.
The Court took note of the fact that the said employees have been fighting this battle for regular pay-scale since the year 2016.
The two-Judge Bench of Justice Vikram Nath and Justice Prasanna B. Varale remarked, “The Appellants herein have been fighting this battle for regular pay-scale since 2016. They have extended their service to the State for substantial years. But more importantly they have proven that their situation is covered under the State issued Circular and Rules. Thus, it confers upon them a legal right to avail regular pay-scale.”
Senior Advocate S K Gangele represented the Appellants while AOR Mrinal Gopal Elker represented the Respondents.
Factual Background
In 1980, under proviso of Article 309 of the Constitution of India, the Madhya Pradesh State framed the Rules titled “M.P. Veterinary Department Contingency Paid Employees Recruitment & Conditions of Service Rules, 1979”. The M.P. General Administration Department issued a Circular in reference to recruitment of employees getting salaries from work charged/contingency fund and in reference to giving them revised pay-scale. The said circular stated that members who did not receive status of permanent employees by April 1, 1982, would receive status of temporary employee, if they hold prescribed educational qualification and necessary eligibilities, they should also be conferred the benefit of revised pay-scale. In 1996, the State initiated a Special Recruitment Drive to fill up Class III and Class IV posts lying vacant in various departments, which were reserved for candidates from Scheduled Castes, Scheduled Tribes, and Other Backward Classes (SCs, STs, and OBCs). In 1998, the M.P. General Administration Department issued a circular stating that candidates appointed on regular posts under the Special Recruitment Drive would be paid regular pay-scale of the concerned post.
Some of the part time sweepers who were appointed under the Special Recruitment Drive from 1993 to 1996 filed a Petition before High Court for grant of regular pay scale with effect from the date when they completed three years of service. The Single Judge allowed the same and the State filed an Appeal challenging this. The Division Bench dismissed the said Appeal and the State preferred a Special Leave Petition (SLP) and the Apex Court dismissed the same with Rs. 1 lakh cost. The Appellants submitted representations before the Competent Authority for grant of regular pay-scale but the same were rejected. Hence, they approached the High Court and the Single Judge allowed their Writ Petition. The State preferred an Appeal and the Division Bench overturned the Single Judge’s Judgment. Hence, the Appellants were before the Apex Court.
Reasoning
The Supreme Court in view of the facts and circumstances of the case, observed, “On the issue of whether present Appellants are similarity situated as the petitioners in Ram Naresh Prajapati, we agree with the finding of Single Judge in its order dated 12.07.2019. The petitioners in Ram Naresh Prajapati were also appointed under Special Recruitment Drive, against the vacant posts, on temporary basis. The only factual distinction pointed out by the State and upheld by the Division Bench in the impugned order, is the subsequent appointment of those petitioners on sanctioned posts of Attendant, Bull-Attendant, Servant, etc. after the scrutiny by the Committee.”
The Court noted that the Appellants have sufficiently proven that they were employed on regular and sanctioned posts by their initial appointment orders and they are thus covered under Clause 6 of the Circular since they have completed three years after being employed as ‘temporary’ employees on Collector’s wages, with recommendation of the District Level Recruitment Committee.
“It is thus clear that they fulfil all the conditions stipulated in the Circular to grant revised pay-scale. Their designation as ‘part-time’ sweepers does not affect the validity of their appointment since they were appointed against sanctioned posts nevertheless. Appellants were thus appointed on regular posts even though they were temporary. The provisions of the 1979 Rules and Circular dated 10.05.1984 are both fulfilled by the appellants and thus they are entitled for regular pay scale. The Division Bench of High Court erred in distinguishing the case of Ram Naresh Prajapati from the present appeals”, it added.
The Court was of the view that the Circular extended the benefit of regular pay-scale to daily wagers and it would be unjust, unfair, and arbitrary if such benefit is not extended to the Appellants who were appointed as temporary employees against vacant and sanctioned posts. It further said that even if the State denies the benefit of regular pay-scale after completing three years, the Appellants shall be benefitted from this Circular as they were appointed initially as daily wagers at Collector’s rate.
“After considering the facts and circumstances of the case, we are of the opinion that Division Bench erred in setting aside the judgement of the Single Judge of High Court dated 12.07.2019. The Single Judge rightly granted the benefit of regular pay-scale to the appellants”, it concluded.
Accordingly, the Apex Court allowed the Appeals, set aside the impugned Order, and extended the benefit of regular pay-scale to the Appellants.
Cause Title- Rakesh Kumar Charmakar & Ors. v. The State of Madhya Pradesh & Ors. (Neutral Citation: 2025 INSC 136)
Appearance:
Appellants: Senior Advocate S K Gangele, AOR Shashi Kiran, and Advocate Priya Sharma.
Respondents: AOR Mrinal Gopal Elker, Advocates Chinmoy Chaitanya, and Chhavi Khandelwal.
