Sudheer Kumar Tripathi vs The State Of Madhya Pradesh
2022 Latest Caselaw 5758 MP

                                                            W.P. No. 20248/2017
                                     1

             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                                    BEFORE

       HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI

                          ON THE 20th OF APRIL, 2022

                    WRIT PETITION No. 20248 of 2017

 Between:-
 SUDHEER KUMAR TRIPATHI S/O LATE SHRI
 MANDVI SHARAN TRIPATHI, AGED ABOUT 38
 YEARS, OCCUPATION: LINE ATTENDANT
 GRADE-III, M.P. PURVA KSHETRA VIDYUT
 VITRAN CO. LTD., UNDER EXECUTIVE
 ENGINEER CITY DIVISION REWA, DISTT.
 REWA (MADHYA PRADESH)
                                                             .....PETITIONER
 (BY SHRI AJEET KUMAR SINGH, LEARNED COUNSEL FOR THE PETITIONER)

 AND

   THE STATE OF MADHYA PRADESH THROUGH
   SECRETARY ENERGY DEPARTMENT, VALLABH
1.
   BHAWAN, BHOPAL (MADHYA PRADESH)

   MANAGING DIRECTOR M.P. PURVA KSHETRA
   VIDYUT VITRAN COMPANY, SHAKTI BHAWAN
2.
   JABALPUR (MADHYA PRADESH)

   CHIEF ENGINEER, M.P. PURVA KSHETRA
   VIDYUT VITRAN COMPANY, REWA RANGE,
3. ARJUN NAGAR, REWA, DISTRICT REWA
   (MADHYA PRADESH)

   SUPERINTENDING ENGINEER, M.P. PURVA
   KSHETRA VIDYUT VITRAN COMPANY (O AND
4. M) CIRCLE OLD GALLA MANDI REWA,
   DISTRICT REWA (MADHYA PRADESH)

   EXECUTIVE ENGINEER, M.P. PURVA KSHETRA
   VIDYUT VITRAN COMPANY CITY DIVISION
5.
   OLD GALLA MANDI, REWA, DISTRICT REWA
   (MADHYA PRADESH)
                                                           .....RESPONDENTS
 (BY SHRI YASHWARDHAN SHUKLA, LEARNED PANEL LAWYER FOR THE
 RESPONDENT/STATE AND SHRI ANSHUMAN SWAMI, LEARNED COUNSEL FOR
 RESPONDENT NO. 2 TO 5)
      This petition coming on for admission this day, the court passed the
following:
                                    ORDER

Heard finally with the consent of both the parties.

W.P. No. 20248/2017

In the instant writ petition, the petitioner is seeking benefit of grant of regularization w.e.f. the date when the petitioner had completed two years of satisfactory service from the date of initial appointment. The petitioner was appointed on 27.08.1997 and ought to have completed his probation period on 27.08.1999. However, the petitioner has been extended benefit of regularization w.e.f. 02.07.2007.

Learned counsel for the respondents submits that due to departmental enquiry initiated against the petitioner, the benefit was not extended to him. The departmental enquiry stood concluded on 02.07.2005 with the punishment of Censure. After proceedings were over, the petitioner was regularized w.e.f. 02.07.2007.

Learned counsel for the petitioner submitted that the petitioner would be entitled for regularization w.e.f. 27.08.1999 in the light of the judgment rendered in the case of Smt. Mangla Supe Vs. Madhya Pradesh State Electricity Board and others [W.P. No.4378/2006 decided on 03.08.2011].

Learned counsel for the respondents has admitted to the aforesaid position but however, submitted that the case of Smt. Mangla Supe (supra) is subject matter of challenge in W.A. No.1189/2011, which is still pending consideration. He further submits that the petition may be disposed of subject to final outcome of W.A. No.1189/2011.

Accordingly, the respondents are directed to consider the claim of the petitioner for regularization on completion of two years of service from the initial date of appointment i.e. 27.08.1999, as expeditiously as possible, preferably within a period of one month from the date of receipt of certified copy of this order. However, regularization will remain subject to outcome of W.A.No.1189/2011.

The Writ Petition is disposed of finally with the aforesaid directions.

(S.A. DHARMADHIKARI) JUDGE ashish Digitally signed by ASHISH KUMAR LILHARE Date: 2022.04.20 17:50:45 +05'30'