Madhya Pradesh High Court
Public Health Engineering ... vs Smt. Bhawana on 24 June, 2022
Author: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
&
HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
ON THE 24th OF JUNE, 2022
WRIT APPEAL No. 31 of 2020
Between:-
1. PUBLIC HEALTH ENGINEERING DEPARTMENT
SECRETARY VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. C.S.SANKULE ENGINEER IN CHIEF PUBLIC
HEALTH ENGINEERING DEPARTMENT
BANGANGA JAL SANSADHAN BHAWAN TULSI
NAGAR, BHOPAL. (MADHYA PRADESH)
3. DEEPAK RATNAWAT CHIEF ENGINEER PUBLIC
HEALTH ENGINEERING DEPARTMENT PHE.
INDORE REGION, INDORE (MADHYA PRADESH)
.....APPELLANT
(BY SHRI SHREY RAJ SAXENA APPEARING ON BEHALF OF
ADVOCATE GENERAL)
AND
SMT. BHAWANA W/O SHASHIKANT , AGED
ABOUT 62 YEARS, OCCUPATION: RETD. 263 B,
CHOUDHARY PARK MUSAKHEDI INDORE
(MADHYA PRADESH)
.....RESPONDENTS
T h is appeal coming on for order this day, this Court passed the
following:
ORDER
Signature Not Verified
State of M.P. has filed the present writ appeal being aggrieved by order
SAN
Digitally signed by VIBHA PACHORI
dated 14.05.2019 passed in W.P. No.2730/2019 by the Writ Court whereby the
Date: 2022.06.25 11:05:58 IST
writ petition filed by the respondents has been allowed and orders No.274 of
even date 12.12.2018 have been quashed.
2. Facts of the case, in short, are as under :
(i) Respondents No.1 and 2 were engaged as daily-rated employees in
Public Health Engineer Department. After completion of 20 years' service, they
were classified as permanent employee vide order dated 13.8.2004 under the
provisions of M.P. Industrial Relation Act, 1960. The State Government vide
circular dated 6.9.2008 issued the directions to various departments for
regularisation of services of daily waged employees on seniority basis against
the vacant posts. Vide order No.31/2013 dated 7.2.2013, services of
respondents were regularised in the Work Charge Establishment. The order was
issued by Mr. K.K. Songaria, Chief Engineer and in the order, reference of
circular dated 21.2.2012 and 26.9.2012 have been given and it has also been
classified that they are being appointed as per the roster and to fill the backlog
after recommendation of Departmental Scrutiny Committee.
(ii) Prior to the aforesaid regularisation, in order to claim the benefit of
regular pay-scale and arrears of salary from the date of classification as
permanent employees, respondents had approached the Labour Court, Indore.
Vide award dated 8.1.2016, learned Labour Court rejected their claim.
Thereafter, they filed W.P. No.1524/2016 which was allowed by the Writ Court
by holding that the respondents shall also be entitled for minimum of the regular
pay-scale without increments from the date they were classified as permanent
employee i.e. 13.8.2004.
(iii) Being aggrieved by the aforesaid order, the State Government
Signature Not Verified
SAN
preferred Review Petition No.3992018 which was dismissed vide order dated
Digitally signed by VIBHA PACHORI
Date: 2022.06.25 11:05:58 IST
2.4.2018. Thereafter, a bunch of writ appeals were filed and all were dismissed
by the Division Bench of this Court vide common order dated 10.8.2018.
(iv) Thereafter, the respondents/writ petitioners filed Contempt Petition
No.549/2018 which was disposed of vide order dated 14.11.2018 because of
passing of order granting minimum payscale by the appellants/State and
undertaking given by them to make payment of arrears with time frame.
(v) It appears that being annoyed by the action of the respondents/writ
petitioners claiming the benefit of minimum of pay-scale, vide order dated
12.12.2018, the same Chief Engineer i.e. Mr. K.K. Songariya has cancelled the
earlier order of regularisation and directed for recovery of wages paid due to
classification w.e.f. 13.8.2004. Being aggrieved by the said order, respondents
approached this Court by way of W.P. No.29161/2018 and Writ Court vide
order dated 27.4.2019 has quashed the orders dated 12.12.2018, hence the
present writ appeal before this Court.
3 . We have heard learned Govt. Advocate appearing for the
appellants/State and Shri Prakhar Karpe, learned counsel appearing for the
respondents.
4 . Learned Govt. Advocate, submits that the respondents were
regularised without there being any vacant and sanctioned posts in the year 2013
in the Work Charge Establishment and the case of the respondents ought to
have been considered against the vacant posts in Regular Establishment,
therefore, the Chief Engineer has rightly cancelled the order dated 7.2.2013.
5. On the other hand, learned counsel for respondents, submits that the
Chief Engineer has wrongly cancelled the order dated 7.2.2013 only because the
respondents had approached this Court claiming the status of permanent
Signature Not Verified
SAN
employee in the light of judgment passed in the case of Ram Naresh Rawat
Digitally signed by VIBHA PACHORI
Date: 2022.06.25 11:05:58 IST
V/s. Shri Ashwini Ray : 2016 (8) Supreme 733, hence the Writ Court has
rightly quashed the impugned orders.
6. A specific query was made to the learned Govt. Advocate that any
material has been produced before Writ Court as well as before this Court to
establish that no vacant posts were available while passing order dated
7.2.2013. Learned Govt. Advocate has failed to produce any material before
this Court to establish that in the year 2013, no vacant post was available. The
Chief Engineer while passing orders dated 12.12.2018 has simply mentioned
that at that time in the office of Executive Engineer, Block No.2, Indore, no
posts were sanctioned, no cadre strength has been mentioned. In the return filed
in the writ petition as well as in the present writ appeal, no material has been
produced to establish that vacant posts were not available. Therefore, in the
considered opinion of this Court, the Writ Court has not committed any error
while setting aside both orders dated 12.12.2018. It appears that in order to
punish the respondents, order dated 7.2.2013 was cancelled with a threat of
recovery from them and they were compelled to approach the Writ Court.
Now, being dissatisfied with the aforesaid order of Writ Court, the appellants
have preferred the present writ appeal without any material.
7. In view of the foregoing discussion, this writ appeal fails and is hereby
dismissed.
(SUBODH ABHYANKAR) (SATYENDRA KUMAR SINGH)
JUDGE JUDGE
Vibha
Signature Not Verified
SAN
Digitally signed by VIBHA PACHORI
Date: 2022.06.25 11:05:58 IST
