IN THE HIGH COURT OF MADHYA PRADESH

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AT JABALPUR

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BEFORE

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HON'BLE SHRI JUSTICE VISHAL DHAGAT

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ON THE 11

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th

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OF FEBRUARY, 2026

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WRIT PETITION No. 25908 of 2025

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MANISH SONI AND OTHERS

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Versus

THE STATE OF MADHYA PRADESH AND OTHERS

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Appearance:

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Shri Ravi Mahendra Kumar Vyas - Advocate for petitioners.

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Shri Rajesh Tiwari - Government Advocate for respondents No. 1,

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3 to 5/State.

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Smt. Amrit Kaur - Advocate for respondent No.2.

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ORDER

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Petitioners have filed this petition under Article 226 of the

Constitution of India making a prayer to issue writ of mandamus to

respondents to provide benefit to them of pay matrix level to equivalent

post of 7th Pay Commission as provided to other similarly situated

contract employees. Prayer is also made to regularize the service of

petitioners on post of Ward Boy in accordance with judgment passed by

Apex Court in case of Secretary, State of Karnataka vs.

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Umadevi,

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reported in (2006) 4 SCC 1.

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2. Brief facts of the case are that petitioners were appointed on post of

Ward Boy vide orders dated 30.07.2013, 14.08.2013 and 16.08.2013 on

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contractual basis for period of one year. Petitioners were so appointed as

respondents had upgraded District Hospital Damoh and increased its

capacity to 300 bed hospital vide order dated 14.07.2008. Temporary

posts were created and petitioners were appointed on contractual basis.

Contract of petitioners was extended from time to time. Other

contractual employees vide orders dated 25.09.2023 and 27.09.2023

were granted benefit of 7th Pay Commission.

3. Counsel appearing for petitioners submitted that action of

respondents is arbitrary and discriminatory in nature and same is

violative of Articles 14 and 16 of Constitution of India. Petitioners ought

to have been given similar benefits, which have been extended to other

similarly situated employees. It is submitted that petitioners are

continuing as contract employee Ward Boy since last 10 years.

Petitioners have right to regularization and they be granted benefit of 7th

Pay Commission as has been extended to similarly situated employees.

In view of aforesaid submissions, prayer is made to regularize petitioners

and grant them benefits of 7th Pay Commission.

4. Government Advocate appearing for respondents/State as well as

counsel appearing for respondent No.2/Mission submitted that writ

petition is not maintainable as petitioners are contractual employees

appointed on temporary post for fixed term. Their services are governed

by terms of their contract appointment and there is no violation of

Articles 14 and 16 of the Constitution of India. Orders dated 25.09.2023

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and 27.09.2023 pertain to specific category of contractual employees

under National Health Mission framework, such as Community Health

Officers and other NHM staff, who are engaged in distinct schemes with

different service conditions, funding sources and policy guidelines.

Petitioners are Ward Boy appointed for hospital support services outside

NHM cadre and they do not fall within ambit of these orders. Benefit of

pay matrix level equivalent to 7th Pay Commission are not applicable to

petitioners. Appointment of petitioners are purely contractual and

temporary in nature. Petitioners do not pass test of regularization which

has been laid down by Apex Court in case of Secretary, State of

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Karnataka vs. Umadevi

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reported in (2006) 4 SCC 1

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. Posts are purely

temporary in nature. In view of same, no interference is called for and

writ petition be dismissed.

5. Heard the counsel for the parties.

6. Petitioners were engaged as Ward Boy on contractual basis.

Contract was renewed from time to time and petitioners continued to

work as support staff Ward Boy. Department of Public Health and

Family Welfare has passed order on 27.09.2023 granting benefit of

matrix level pay laid down in 7th Pay Commission to contractual

paramedical employees and non-clerical employees and has issued new

directives in respect of contract employees. As per new directives,

contract employees are to be given benefit of compassionate

appointment. They were to be given minimum monthly remuneration

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equivalent to regular employees getting in their matrix level as per 7th

Pay Commission, which was made payable to them from 01.08.2023.

They were also entitled to get 13 days Casual Leave, 3 days Optional

Leave and 15 days Special Leave in one year. Women employees are

also entitled for Maternity Leave in accordance with Madhya Pradesh

Civil Services (Leave) Rules, 1977. Male employees will be entitled to

15 days Paternity Leave. Services of contractual employees will come to

an end on attaining age of 62 years. Employees and their legal heirs will

be entitled for getting benefits of gratuity under Payment of Gratuity

Act, 1972. They will also get benefit of National Pension Scheme Policy.

Their services were made subject to transfer like regular employees in

accordance with transfer policy. Said employees are to be given benefit

of regularization on regular post as per GAD Circular dated 22.07.2023.

Salary of petitioners is being drawn from Head 64-Anusuchit Jatiyon Ke

Liye Vishesh Ghatak Yojna, 2210-Chikitsa Aur Lok Swasthya, 01-

Shahri Swasthya Sewayen, 110-Aspatal and Aushdhalay, 0103-

Anusuchit Jati Upyojna, 8795-Chikitsalayon Ka Unnayan. Engagement

of petitioners was on collectorate rate as semi skilled workers on contract

basis.

7. On going through order dated 27.09.2023, it is found that benefit of

7th Pay Commission and minimum of salary in accordance with their

matrix level is to be given to paramedical and non-clerical staff. In order

dated 27.09.2023, post of petitioners i.e. Ward Boy has not been

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included. Appointment of petitioners is contractual in nature and they

were termed as daily wagers and being paid at collectorate rate.

Engagement of petitioners is being continued for last more than 10 years.

Hospital has been upgraded to 300 bed hospital and sanction has been

taken from State Government for engagement of petitioners. Though,

sanction is for temporary posts but posts are sanctioned by State

Government. State Government has come up with Policy to grant benefit

of regularization to employees, who are appointed on contractual basis.

Once hospital has been upgraded to 300 beds hospital, there is no

possibility that it will be downgraded to hospital having lesser number of

beds, which shows that requirement of petitioners is continuous. In view

of same, respondents ought to have issued orders to grant them benefits

which have been given to paramedical and non-clerical staff vide order

dated 27.09.2023. In view of aforesaid, respondents are directed to grant

benefits to petitioners like regular Ward Boy working in hospital.

Petitioners should be placed in minimum pay of matrix level of 7th Pay

Commission for post of Ward Boy. Scrutiny Committee is also directed

to give them benefits of circular of State Government dated 22.07.2023,

if petitioners are found entitled for regularization.

8. In view of above discussion, writ petition is disposed off with

following directions:

(i) To grant petitioners benefit of minimum of pay scale of matrix

level of 7th Pay Commission equivalent to post of Ward Boy. Benefits

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(VISHAL DHAGAT)

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JUDGE

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be given within 60 days from date of order and arrears from 01.08.2023

is to be paid to petitioners.

(ii) Secretary, Public Health and Family Welfare, Government of

M.P., shall consider the case of petitioners for regularization as per

Circular of GAD dated 22.07.2023. Said exercise and scrutiny be

completed within a period of six months from date of order.

9. Petition is allowed and disposed off

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vkt

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