Ashok Kumar Padeyar vs The State Of Madhya Pradesh
2022 Latest Caselaw 95 MP

                                                                   1                                WP-28982-2021
                                        The High Court Of Madhya Pradesh
                                                 WP No. 28982 of 2021
                                        (ASHOK KUMAR PADEYAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                Indore, Dated : 03-01-2022
                                      Shri Prasanna R. Bhatnagar, learned counsel for the petitioner .

                                      Shri Pourush Ranka, learned counsel for the respondents/State.

Heard on the question of admission.

01. The petitioner has filed the present petition being aggrieved by the action of the respondents by which they have regularized his services from

the date of his joining in light of Anneuxre P/11.

02. After passing of the aforesaid order, in the case of similarly place persons the Apex Court vide order dated 14.12.2016 has held that all similarly placed employee deserve similar treatment in respect of grant of regularization with effect from date of completion of ten years of service. According to the petitioner, he was appointed on 01.03.1994 therefore, he is entitled for regularization immediately after completion of ten years of service.

03. Learned counsel for the respondents/State submits that the order of appointment of the petitioner is dated 07.04.2016 whereas he has

approached this Court after a huge delay of more than four and a half years hence no indulgence in the mater is warranted. It is further submitted that case of the petitioner on facts is different from the cases of other employees as the petitioner had earlier been terminated and thereafter reinstated.

0 4 . Since the Apex Court has decided the issue in question after passing of the impugned order dated 07.04.2016, the matter is remitted back to the Chief Medical and Health Officer, respondent No.4, District- Mandsaur, to consider the case of petitioner only in respect of grant of benefit of regularization after completion of ten years of services in the light of judgment passed by the Apex Court. The CMHO is also directed to examine whether similarly placed persons and even juniors have been granted the benefit of regularization after completion of ten years of service from the date of initial appointment. It shall be open to the CMHO to consider the Signature Not Verified SAN

Digitally signed by JYOTI CHOURASIA Date: 2022.01.04 14:57:35 IST 2 WP-28982-2021 aspect of delay and latches on part of the petitioner in seeking the relief as are being claimed by him. He shall also consider the case of the petitioner in the light of his service record.

05. The petitioner is directed to submit a detailed representation within a period of two weeks to the CMHO, Mandsaur along with all the relevant

documents. If the case of the petitioner is found to be similar then the benefit be extended to him also. The entire exercise be completed within a period of two months from the date of submission of representation by the petitioner.

With the aforesaid direction, the petition is disposed off. It is made clear that this Court has not expressed any opinion of merits of the case.

(PRANAY VERMA) JUDGE

jyoti

Signature Not Verified SAN

Digitally signed by JYOTI CHOURASIA Date: 2022.01.04 14:57:35 IST