Omrakash Mehar vs The State Of Madhya Pradesh
2022 Latest Caselaw 13433 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                             BEFORE
                                               HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                    ON THE 12th OF OCTOBER, 2022

                                               WRIT PETITION No. 21839 of 2019

                                   BETWEEN:-
                                   OMPAKASH MEHAR S/O SHRI SHER SINGH,
                                   AGED ABOUT 44 YEARS, OCCUPATION: PART
                                   TIME SWEEPER VETERINARY HOSITAL (SUB
                                   CENTER) NAISAMAND BAIRASAI DISTRICT
                                   BHOPAL (MADHYA PRADESH)

                                                                                            .....PETITIONER
                                   (BY SHRI D.K.TRIPATHI - ADVOCATE)

                                   AND
                           1.      THE STATE OF MADHYA PRADESH PRINCIPAL
                                   SECRETARY VALLABH BHAWAN, BHOPAL
                                   (MADHYA PRADESH)

                           2.      COMMISSIONER CUM DIRECTOR VETERINARY
                                   SERVICES, BHOPAL (MADHYA PRADESH)

                           3.      DEPUTY DIRECTOR, VETERINARY SERVICES,
                                   BHOPAL   DISTRICT  BHOPAL   (MADHYA
                                   PRADESH)

                                                                                         .....RESPONDENTS
                                   (BY SHRI AMIT PANDEY - PANEL LAWYER)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                                ORDER

The present petition has been filed seeking following reliefs:-

"7.1 To call for entire relevant record.

7.2 To direct the respondent to regularize the service of the petitioner as per the terms of circular dated 10.05.1984. Signature Not Verified Signed by: SHALINI LANDGE Signing time: 10/13/2022 11:00:27 AM

7.3 To direct the respondents to give seniority to petitioner over his junior who regularized prior to petitioner and pay all consequential benefit including arrears of salary with 12% interest.

7.4 To give any other relief as deem fit and proper under the facts and circumstances of the case."

It is pointed out that the petitioner is working as a part time sweeper in the respondent department from the year 1994 (Annexure P/2). He is continuously working till date. The employees who have joined subsequently to the petitioner on the post of part time sweepers have been considered and regularized by the department. A similar matter came up before the Single

Bench of this Court in the case of Ram Naresh Prajapati and Others vs State of M.P. and Others, which was affirmed by the Division Bench of this Court in Writ Appeal No.197 of 2016. The writ appeal filed by the State Government was dismissed.

It is the case of the petitioner that he has preferred a detailed representation before the authorities for considering his case for regularization in the light of the judgment passed by the Division Bench in the case of Ram Naresh Prajapati (supra). In view of the fact that the employees who have joined subsequently to the post in question have been regularized by the department, a representation is pending consideration. An innocuous prayer is made to direct the authorities to consider and decide the pending representation in the light of the judgment passed by the Division Bench of this Court.

Counsel appearing for the State has vehemently opposed the contentions and submits that the detailed response has been filed to the writ petition denying all the contentions. Petitioner is having no right to claim regularization in the Signature Not Verified Signed by: SHALINI LANDGE Signing time: 10/13/2022 11:00:27 AM

service as the same is not available under the rules but he could not distinguish the judgment passed by the Division Bench of this Court in similar circumstances. Therefore, he fairly submits that the matter will be considered and decided by the authorities in accordance with law.

In view of the aforesaid, this petition is disposed of directing the petitioner to file a fresh and comprehensive representation before the respondent No.3 within a period of 15 working days from today and in turn the respondent no.3 is directed to dwell upon the same and pass a self contained speaking order considering the judgment passed by the Division Bench of this Court being W.A.No.197 of 2016 dated 21.03.2017 within a period of 60 days from the date of receipt of certified copy of this order and communicate the outcome to the petitioner.

Needless to mention that this Court has not expressed any opinion on the merits of the case.

Accordingly, the petition is disposed of. Certified copy as per rules.

(VISHAL MISHRA) JUDGE Sha

Signature Not Verified Signed by: SHALINI LANDGE Signing time: 10/13/2022 11:00:27 AM