Bharat Kumar Rawat vs The State Of Madhya Pradesh
2022 Latest Caselaw 3437 MP

                                                          1
                    IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                            ON THE 10th OF MARCH, 2022

                                       WRIT PETITION No. 5671 of 2022

                        Between:-
                        BHARAT KUMAR RAWAT S/O LATE PANDIT KAMTA
                        PRASAD RAWAT , AGED ABOUT 55 YEARS, OCCUPATION:
                        DAILY WAGER LOWER DIVISION CLERK R/O KHIMLASA,
                        TEHSIL KHURAI, DISTRICT SAGAR, M.P. (MADHYA
                        PRADESH)

                                                                                        .....PETITIONER
                        (BY SHRI SANJAY VERMA, ADVOCATE)

                        AND

           1.           THE STATE OF MADHYA PRADESH THROUGH SECRETARY
                        MINISTRY OF PUBLIC WORKS DEPARTMENT VALLABH
                        BHAWAN BHOPAL (M.P.) (MADHYA PRADESH)

           2.           SUPERINTENDENT ENGINEER CIRCLE NO. 1, PUBLIC
                        WORKS DEPARTMENT BHOPAL, M.P. (MADHYA PRADESH)

           3.           EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT
                        NEW BHOPAL DIVISION, BHOPAL, M.P. (MADHYA
                        PRADESH)

                                                                                     .....RESPONDENTS
                        (BY SHRI VIJAY KUMAR SHUKLA, PANEL LAWYER)

                 This petition has come up for hearing on admission on this day, the court passed
           the following:
                                                       ORDER

Petitioner's contention is that petitioner was appointed as a daily wager by the order of Superintending Engineer on 22/11/1995. It is submitted that his services were brought to an end on 31/03/2000 against which he had filed Case No.110/2001 I.D.R. before Presiding Officer, Labour Court, Sagar.

Vide award date 26/10/2005 petitioner was directed to be reinstated without back wages. In terms of the said order, petitioner was reinstated.

Petitioner is now claiming the benefit of regularization in light of the law laid down by Hon'ble Supreme Court in the case of Secretary, State of Karnataka and others Vs. Umadevi and others, (2006) 4 SCC 1.

Signature SAN Not Shri Vijay Kumar Shukla, learned Panel Lawyer, submits that status of permanent Verified

employee Digitally signed by can be extended to the petitioner in terms of GAD Circular dated 07/10/2016. TULSA SINGH Date: 2022.03.11 09:47:30 IST

Thus, without commenting on the merits of the claim of petitioner, this petition can be disposed of that respondents shall consider the case of the petitioner in light of the law laid down by Hon'ble Supreme Court in the case of Uma Devi (supra) and if petitioner is found suitable for regularization in light of that judgment of Hon'ble Supreme Court, then will take

that exercise and if finds that petitioner is not suitable for such relief, then will consider petitioner's case for permanent classification and extension of benefits in terms of GAD Circular dated 07/10/2016.

Let this exercise be done within a period of 90 days from the date of receipt of copy of this order being passed today.

It is made clear that this Court has not expressed any opinion on the merits of the case.

In above terms, this writ petition is disposed of.

(VIVEK AGARWAL) JUDGE ts