MP HC | A ‘permanent employee’ has right to receive only minimum of the graded pay-scale with no increments unless regularised

Madhya Pradesh High Court: Petitioner had approached the Court before a bench of Sheel Nagu, J. under Article 226 of the Constitution praying for a direction to the respondents to pay the salary as per pay scale of the post of Mession Helper to the petitioner.

Petitioner was a Mession Helper who was classified as a permanent employee under the M.P. Industrial Employment (Standing Order) Act, 1961. Despite being a permanent employee, petitioner was not given the benefit of the regular pay scale. Further, he referred a case of Ram Naresh Rawat v. Sri Ashwani Ray, (2017) 3 SCC 436 where it was observed that though a ‘permanent employee’ has right to receive pay in the graded pay-scale but only minimum of the said pay-scale with no increments. It is only the regularization in service which would entail grant of increments etc. in the pay-scale.

High Court was of the view that as per the case referred petitioner was entitled to a minimum of the regular pay-scale without increments. Court directed respondents to consider the case of the petitioner in terms of the case referred and grant benefit if not granted already. [Raghuvanshi v. State of M.P., 2019 SCC OnLine MP 210, dated 28-01-2019]

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