Mp Electricity Board vs Shri Badri Prasad Kuswhaha
2021 Latest Caselaw 2386 MP

                                                                              1                                 WA-477-2021
                                                     The High Court Of Madhya Pradesh
                                                                 WA-477-2021
                                                     (MP ELECTRICITY BOARD AND OTHERS Vs SHRI BADRI PRASAD KUSWHAHA)

                                       1
                                       Jabalpur, Dated : 15-06-2021
                                               Heard through Video Conferencing.
                                               Shri Anoop Nair, learned counsel for the appellant.
                                               Learned counsel for the appellant has relied on the judgment of the Full
                                       Bench decision of this Court in Superintending Engineer, Public Works
                                       Department, Circle Gwalior & another Vs. Dev Prakash Shrivas,

                                       Gwalior - 1999(1) MPLJ 467 and submitted that this Court categorically
                                       held therein that "a person would be entitled to be declared under this
                                       Standing Order as a permanent employee subject to the condition that he
                                       has put in six months' satisfactory service against a clear vacancy.
                                       Therefore, one of the pre-conditions is the existence of a clear vacancy,
                                       second is that he should have worked against the clear vacancy for a
                                       minimum period of six months and third is that his service should be
                                       satisfactory. It is irrelevant that a man might have worked for 10-15 years
                                       and if there is no permanent vacancy available and his service record is not

                                       satisfactory, then he cannot be classified as a permanent employee."
                                               Issue notice to the respondent on the question of admission as well as

grant of interim relief, returnable by four weeks.

In the meanwhile, operation of the impugned judgment and the award shall remain stayed.

                                             (MOHAMMAD RAFIQ)                                  (VIJAY KUMAR SHUKLA)
                                              CHIEF JUSTICE                                               JUDGE


                                       mrs. mishra




Signature Not Verified
  SAN

Digitally signed by MRS DEEPA MISHRA Date: 2021.06.16 14:25:16 IST