Home > Recent Judgements >The Supreme Court Grants Petitioners’ Regular Compensation For Part-Time Sweepers Assigned To Regular, Sanctioned Positions
Feb 03, 2025
BACKGROUND
In the case between Rakesh Kumar Charmakar & Ors. Versus The State of Madhya Pradesh & Ors., the case involves part-time sweepers appointed on a temporary basis to regular sanctioned posts by the Madhya Pradesh Government, who were denied regular pay despite fulfilling the conditions stipulated in a 1984 circular after completing three years of service. The Appellants relied on the precedent set in Ram Naresh Prajapati & Ors vs State of M.P (2016), arguing their entitlement to regular pay, while the State contended that the absence of a screening committee in their appointments disqualified them from such benefits. The Single Bench of the High Court ruled in their favour, but the Division Bench overturned this decision, prompting the Appellants to approach the Supreme Court.
ISSUES
- Whether part-time sweepers appointed on a temporary basis to regular sanctioned posts are entitled to receive regular pay?
- Whether the absence of a screening committee in the Appellants’ appointments disqualifies them from claiming the benefits of regular pay under the circular dated 10.05.1984?
- Whether the designation of “part-time” affects the validity of the Appellants’ appointment to regular sanctioned posts?
JUDGMENT
The Supreme Court ruled in favour of part-time sweepers appointed on a temporary basis to regular sanctioned posts, affirming their entitlement to regular pay as per the conditions of the Madhya Pradesh Government’s circular dated 10.05.1984. The Court held that the designation of “part-time” does not invalidate their appointments to sanctioned posts, and the absence of a screening committee, unlike in the Ram Naresh Prajapati case, does not disqualify them from receiving regular pay. It emphasized that completing three years of service in sanctioned posts fulfils the criteria for revised pay scales, thereby reversing the High Court’s Division Bench decision and reinstating the Single Bench’s ruling in favour of the appellants.
OBSERVATION
The Supreme Court observed that part-time sweepers appointed on a temporary basis to regular sanctioned posts are entitled to regular pay under the Madhya Pradesh Government’s circular dated 10.05.1984, provided they complete three years of service. It clarified that the designation of “part-time” does not invalidate their appointments to sanctioned posts, and the absence of a screening committee in their case does not disqualify them from receiving revised pay scales. The Court distinguished the present case from the precedent set in Ram Naresh Prajapati & Ors vs State of M.P (2016), emphasizing that the appellants met the stipulated conditions, thus reinstating the Single Bench’s decision and reversing the Division Bench’s ruling.
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