ORDER 1. By this petition under Article 226 of Constitution of India, the petitioner Kamal Singh Manik prayed for issuance of an appropriate writ, order or direction directing the respondents to pay the minimum of pay scale, as per the recommendation of the 5th and 6th Pay Commission. 2. Briefly stated the facts of the case are that the petitioner was appointed as a Copying Assistant Grade III w.e.f. 1993 under the Narmada Valley Development Authority and the petitioner has been appointed against the clear vacancy and sanctioned post, which is an instrumentality of the State of Madhya Pradesh and since then he is continuously working with the respondents, Counsel submitted that the petitioners are working for more than 20 years and he was granted the benefit of 5th Pay Scale for some time i.e. reflected from Annexure P-4. Thereafter number of daily wager were retrenched along with petitioner from service but after sometime they all were taken back in service. After taking back in service the petitioner has not been granted the benefit of 5th and 6th Pay Scale. Counsel has further stated that in case of rest of the employees respondents have granted them minimum of the pay scale, as per recommendation of the 5th and 6th Pay Commission. Counsel for the petitioner placed reliance on Sunil Kumar v. The State of M.P. in Writ Petition No.3415/15 whereby this Court has held thus :- “Resultantly, the writ petition stands allowed. The order Annexures-P-1 and P-2 are hereby set aside. The respondents are directed to grant the benefit of pay scale as well as arrears of pay scale to the petitioner, keeping in view the 5th Pay Commission as well as 6th Pay Commission as the same has been extended to the other identically placed employees serving the N.V.D.A. The exercise of passing the necessary orders and granting the aforesaid benefit be concluded, within a period of ninety days, from the date of receipt of certified copy of this order. It is needless to mention that in case the judgment passed by this Court is not been complied within a period of ninety days, from the date of receipt of certified copy of this order, the petitioner shall be entitled for interest @ 12% per annum from the date of entitlement till the amount is actually paid to the petitioner.” 3. The Court also placed reliance on Kishori Lal Prajapati and others v. State of M.P. and others in Writ Petition No.5332/2010(s) whereby the ratio has been upheld. Counsel prayed that the similar benefit be granted to the petitioner. 4. Counsel for the respondent State has opposed the submissions and prayed for dismissal of the petition. 5. Resultantly, the writ petition stands allowed. The respondents are directed to grant the benefit of pay scale as well as arrears of pay scale to the petitioner subject to the petitioner’s found eligible in the light of Sunil Kumar Daya (supra), and the benefit shall apply mutatis mutandis. The petitioner shall be paid the arrears of pay scale if found eligible in terms of Sunil Kumar Daya (supra), and the orders be complied within a period of ninety days, from the date of receipt of certified copy of this order. The petitioner shall be entitled for interest @ 12% per annum from the date of entitlement till the amount is actually paid to the petitioner. 6. With the aforesaid observation and directions, the petition is disposed of to the extent herein above indicated. No order as to costs. ..................