GAGAN BHATNAGAR Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2021-3-77
HIGH COURT OF MADHYA PRADESH
Decided on March 04,2021

Gagan Bhatnagar Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

G.S.AHLUWALIA,J. - (1.) Learned counsel for the State has sought issuance of notice in the present case since it is his contention that instead of disposing of this matter in limine, it would be appropriate to hear the State before deciding the controversy as according to the State counsel in all probability, the petitioners must have been declared as Sthai Karmi under 2016 executive instructions issued by the State of M.P., and therefore, any order passed without hearing the State would lead to an incongruous situation where petitioners on one hand have received benefits under Sthai Karmi Scheme and would also become entitled of the benefits flowing from the ratio of decision Ram Naresh Rawat Vs. Sri Ashwani Ray & Ors. , 2017 3 SCC 436.
(2.) This Court, after hearing learned counsel for the State, does not deem it appropriate to issue notice for the simple reason that even if the petitioners have been benefited by the Sthai Karmi scheme, they cannot be deprived of the benefit flowing from the decision of Apex Court in Ram Naresh Rawat (Supra) as the judgment the Apex Court is the law of land which is not subservient to the executive Instructions issued by the State qua Sthai Karmi Scheme. The benefits flowing from the decision of Ram Naresh Rawat (Supra) of grant of wages equivalent to the minimum of the regular pay-scale of the corresponding post in the regular establishment without increments, cannot be denied to the petitioners who have been classified as permanent employees.
(3.) It is needless to emphasize that in case the benefit received/receivable by the petitioners under Sthai Karmi Scheme is not as beneficial as the benefit flowing from the verdict of Ram Naresh Rawat, then the petitioners would certainly be entitled to the benefit under Ram Naresh Rawat Case. However, in case benefit flowing from Sthai Karmi Scheme is comparatively more beneficial, then it is for the petitioners to choose whether to opt for Sthai Karmi Scheme or to go in for the lesser benefit under Ram Naresh Rawat verdict. Any such option made by the petitioners in latter eventuality as aforesaid, would be binding on the employer.;


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