Ghanshyam Tiwari vs The State Of Madhya Pradesh ...
2022 Latest Caselaw 8700 MP

                                                                               1
                                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                                       AT INDORE
                                                                            BEFORE
                                                           HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                       ON THE 30th OF JUNE, 2022

                                                               WRIT PETITION No. 20667 of 2019

                                                    Between:-
                                                    GHANSHYAM TIWARI S/O SHRI CHOTELAL
                                                    TIWARI , AGED ABOUT 64 YEARS, OCCUPATION:
                                                    RETIRED 3,EWS MUKHARJEE NAGAR, DEWAS
                                                    (MADHYA PRADESH)

                                                                                                                .....PETITIONER
                                                    (BY MS. SWATI UKHALE - ADVOCATE)

                                                    AND

                                            1.      THE STATE OF MADHYA PRADESH THROUGH
                                                    PUBLIC   HEALTH    AND   ENGINEERING
                                                    DEPARTMENT     PRINCIPAL   SECRETARY
                                                    VALLABH    BHAWAN,BHOPAL     (MADHYA
                                                    PRADESH)

                                            2.      ENGINEER   IN  CHIEF PUBLIC HEALTH
                                                    ENGINEERING DEPARTMENT INDORE ZONE
                                                    INDORE (MADHYA PRADESH)

                                            3.      CHIEF    ENGINEER    PUBLIC HEALTH
                                                    ENGINEERING DEPARTMENT INDORE ZONE
                                                    INDORE (MADHYA PRADESH)

                                            4.      EXECUTIVE    ENGINEER PUBLIC    HEALTH
                                                    ENGINEERING    DEPARTMENT C I V I L LINE,
                                                    DEWAS (MADHYA PRADESH)

                                                                                                              .....RESPONDENTS
                                                    (BY SMT. VINITA PHAYE - GOVT. ADVOCATE)

                                                  This petition coming on for admission this day, th e court passed the
                                            following:
Signature Not VerifiedDigitally signed by
  SAN                 SOUMYA RANJAN               With the consent of the parties, matter is heard finally.
                      DALAI
                      Date: 2022.06.30
                      17:32:57 IST
                                                                                ORDER

The present petition is filed being aggrieved with the inaction on the part

of the respondents for not considering the case of the petitioner for regularization or permanent classification in the light of the circulars dated 16.05.2007, 08.02.2008 and the directions by the Supreme Court in the case of Secretary, State of Karnataka vs. Uma Devi & Ors. (2006) 4 SCC 1. The petitioner along with the other employees filed WP No.1083/2010(s). The said petition was disposed off directing the respondents to consider and decide the petitioner's claim in the light of the circulars and in the light of the directions of the Supreme Court in the case of Uma Devi (supra).

Counsel for the petitioner submits that till this date, the respondents have not considered the case of the petitioner and have not passed any order. After

the order passed by this Court, one of the petitioner Shri Jitendra Mungi has been conferred permanent status by order dated 25.04.2013. It is further submitted that subsequent to that number of employees have been granted benefit of classification.

Counsel for the respondents submits that the appointment of the petitioner was not according to the rules and, therefore, the petitioner was not entitled for regularization. It is further submitted that as per the judgment of the Apex Court in the case of Ram Naresh Rawat vs. Ashwini Rai (2017) 3 SCC 436, daily wager employees are not entitled for regularization, at the most they are entitled only for minimum of the pay scale and cannot claim any parity with the regular employees.

Upon perusal of the reply and the record, it is manifest that there is no decision by the respondents for considering the case of the petitioner as per the

Signature Not VerifiedDigitally signed by directions of this Court dated 04.02.2020 in W.P. No.1083/2010(s). The SAN SOUMYA RANJAN DALAI Date: 2022.06.30 17:32:57 IST respondents have not passed any order in regard to the petitioner, therefore, the present petition is disposed off with liberty to the petitioner to submit a fresh

representation to the respondent No.3 along with circulars/judgments on which the petitioner proposes to rely within a period of 15 days from today and if the representation is submitted within the aforesaid period, the respondent No.3 shall consider and decide the case of the petitioner in compliance to the order dated 04.02.2020 passed in W.P. No.1083/2010(s) by passing a speaking and reasoned order within a period of two months from the date of filing of fresh representation.

With the aforesaid, the writ petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOUMYA RANJAN DALAI Date: 2022.06.30 17:32:57 IST