LexRAKESH KUMAR CHARMAKAR & ORS. versus THE STATE OF MADHYA PRADESH & ORS.
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[2025] 2 S.C.R. 252 : 2025 INSC 136 Rakesh Kumar Charmakar & Ors. v. The State of Madhya Pradesh & Ors. (Civil Appeal No(s). 1303-1304 of 2025) 31 January 2025 [Vikram Nath* and Prasanna B. Varale, JJ.] Issue for Consideration Whether the appellants were entitled to regular pay scale in light of the circular dated 10.05.1984 issued by the State. Headnotes† Service Law – Pay-scale – Appointment as temporary employees against vacant and sanctioned posts – Entitlement to regular pay – Issuance of circular by the Department conferring the benefit of revised pay-scale to employees completing three years after initially being recruited by the Selection Committee at district level and appointed by Collector as temporary employees on fixed wages – Purpose was making provision for temporary employees to avail benefit of regular pay-scale – Department later issued circular that candidates appointed on regular posts under the Special Recruitment Drive would be paid regular pay-scale of the concerned post – Appellants appointed under Special Recruitment Drive, against the vacant posts of part time Swachchkar at rates prescribed by the Collector – As regards, some of the part time sweepers appointed under Special Recruitment Drive, the High Court in Ram Naresh Prajapati’s case extended the benefit of regular pay-scale to the temporary employees appointed under special recruitment drive by Collector’s order, once they completed three years time period after appointment – Appellants submitted representations before the Competent Authority for grant of regular pay-scale in light of Ram Naresh Prajapati’s case, which were rejected – Writ petition thereagainst allowed by the Single Judge of the High Court, however, the Division Bench set aside the order – Correctness: * Author [2025] 2 S.C.R. 253 Rakesh Kumar Charmakar & Ors. v. The State of Madhya Pradesh & Ors. Held: Appellants are similarly situated as the petitioners in Ram Naresh Prajapati’s case – Petitioners in Ram Naresh Prajapati’s case were also appointed under Special Recruitment Drive, against the vacant posts, on temporary basis – Only factual distinction 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. – This factual difference not enough to conclude that appellants are differently situated from Ram Naresh Prajapati’s case, because the appellants have sufficiently proven that they were employed on regular and sanctioned posts by their initial appointment orders – Appellants fulfil all the conditions stipulated in the Circular to grant revised pay-scale – Appellants were appointed on regular posts even though they were temporary – Provisions of the 1979 Rules and the Circular dated 10.05.1984 both fulfilled by the appellants and thus, entitled for regular pay scale – Division Bench of High Court erred in distinguishing the case of Ram Naresh Prajapati’s case from the present appeals – Additionally, Circular dated 07.10.2016 extended the benefit of regular pay-scale to daily wagers – 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 – Even if the State denies the benefit of regular pay-scale after completing three years, the appellants shall be benefitted from this Circular dated 07.10.2016 as they were appointed initially as daily wagers at Collector’s rate – Single Judge of the High Court rightly granted the benefit of regular pay-scale to the appellants – Impugned order of the Division Bench set aside and that of the Single Judge upheld – M.P. Veterinary Department Contingency Paid Employees Recruitment & Conditions of Service Rules, 1979. [Paras 14, 15, 17, 18] Case Law Cited Ram Naresh Prajapati & Ors. v. State of M.P, Writ Appeal No. 197 of 2016 dated 10.12.2021 by the Division Bench of M.P. High Court – approved. List of Acts M.P. Veterinary Department Contingency Paid Employees Recruitment & Conditions of Service Rules, 1979. 254 [2025] 2 S.C.R. Digital Supreme Court Reports List of Keywords Pay-scale; Temporary employment on regular posts; Entitlement to regular pay; Revised pay-scale; Selection Committee at district level; Temporary employees on fixed wages; Special Recruitment Drive; Vacant posts; Part time sweepers; Ram Naresh Prajapati’s case; Sanctioned posts
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