Brij Mohan Sharma vs State of M.P. and Others

Sujoy Paul, J—Heard.

The petitioner was classified as permanent employee. The only question involved in this matter is whether on such classification, he is entitled for regular pay scale of the said post.

Learned counsel for the parties, during course of argument agreed that point involved in this case is no more res integra.

This Court in State of Madhya Pradesh and Others Vs. Ram Prakash Sharma and Others, (1989) JLJ 36 : (1990) 1 LLJ 551 , opined that on getting the status of permanent employee upon classification, employee is entitled to get regular pay scale from the date of classification. The Division Bench in Writ Appeal No. 110/2011 opined as under:-

"Whether an employee comes by way of normal recruitment process or through the process of classification, the fact remains that both i.e. the normally recruited employee and a classified employee work on the same post and perform the same duties. It cannot be held that the classification has any less effect or force as compared to the normal process of appointment, because the classification is also based upon the law in the form of Standing Orders and as such both employees who have been brought into through either of the two processes permitted by law, as permanent employees against a particular post, should be entitled to the same benefits. Taking a contrary view would mean that the employees inducted through classification process would be saddled with an undesirable disability throughout their service, as compared to other employees which may tantamount to violation of the principle of "equal pay for equal work". Our view finds support from another Division Bench decision of this Court report in the case of State of Madhya Pradesh and Others Vs. Ram Prakash Sharma and Others, (1989) JLJ 36 : (1990) 1 LLJ 551 .

For the aforementioned reasons, we do not find any good ground to interfere with the order passed by the learned Single Judge. Accordingly, the writ appeals are dismissed."

The Apex Court dismissed the SLP (Civil) No. (s) 20025/2011. The Apex Court opined as under:-

"In Rest of the Matters

Delay condoned.

Dismissed.

We direct the State Government to implement the order(s) passed by the High Court within eight months'' time from today.

If for any reason, the petitioner - State does not implement the order(s) passed by the High Court, the respondents are at liberty to approach this Court by way of filing contempt petition(s)."

Apart from this, similar orders passed by this Court are affirmed by the Division Bench and by Supreme Court.

Considering the aforesaid, it can be safely concluded that the ratio decidendi of the judgment passed by this Court in State of Madhya Pradesh and Others Vs. Ram Prakash Sharma and Others, (1989) JLJ 36 : (1990) 1 LLJ 551 , followed in Writ Appeal No. 110/2011, is that the mode of induction as a permanent employee through Standard Standing Orders is also a permissible and statutory mode of induction. Once an employee is given permanent status under the Standing Orders, he becomes a permanent employee for all purposes. The said judgment in Ram Prakash (supra) and in Writ Appeal No. 110/2011 has to be read as a judgment in rem and not a judgment in personam.

In view of aforesaid legal position, the petitioner deserves to succeed. Accordingly, it is directed that the respondents shall pay regular pay scale to the petitioner from the date of classification. They shall grant said benefit and arrears to the petitioner within eight months from the date of production of copy of this order.

Petition is allowed. No cost.