Mukesh Kandare vs Public Health And Family Welfare ...
2023 Latest Caselaw 21198 MP

Madhya Pradesh High Court

Mukesh Kandare vs Public Health And Family Welfare ... on 13 December, 2023

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                             ON THE 13 th OF DECEMBER, 2023
                                             WRIT PETITION No. 16064 of 2020

                           BETWEEN:-
                           MUKESH KANDARE S/O SHRI FAKIRCHAND JI
                           KANDARE, AGED ABOUT 53 YEARS, OCCUPATION:
                           SWEEPER 13, KAILASH MARG, MALHARGARH TEH.
                           MALHARGARH (MADHYA PRADESH)

                                                                                        .....PETITIONER
                           (BY SHRI PRASANNA R. BHATNAGAR AND SHRI PRAVIN KUMAR BHATT -
                           ADVOCATE)

                           AND
                           1.    PUBLIC HEALTH AND FAMILY WELFARE
                                 DEPARTMENT PRINCIPAL SECRETARY GOVT. OF
                                 M.P. BHOPAL (MADHYA PRADESH)

                           2.    COMMISSIONER PUBLIC HEALTH AND FAMILY
                                 WELFARE DEPARTMENT STATE OF M.P. BHOPAL
                                 (MADHYA PRADESH)

                           3.    JOINT DIRECTOR PUBLIC HEALTH AND FAMILY
                                 WELFARE DEPARTMENT STATE OF MP UJJAIN
                                 DIVISION. UJJAIN (MADHYA PRADESH)

                           4.    CHIEF MEDICAL AND HEALTH                 OFFICER
                                 MANDSAUR (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI SHREY RAJ SAXENA - DY.A.G)

                                 T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
                                                             ORDER

Counsel for the petitioner submits that the present petition is squarely covered by order dated 6/12/2023 passed by co-ordinate Bench in the case of

Ashok Kumar Padeyar Vs. Public Health and Family Welfare Department (W.P. No.18751/2022).

2. The co-ordinate Bench after relying on the judgment passed by the Apex Court in the cases of State of Karnataka Vs. Uma Devi reported in (2006) 4 SCC 1 and in State of Himachal Pradesh Vs. Suresh Kumar Verma passed in SLP No.3492/1996 and also in Jivanlal Vs. Pravin Krishna, Principal Secretary and Ors(Civil Appeal No.12080/2016) held as under:-

6. A perusal of the aforesaid order clearly reveals that the petitioner's case cannot be distinguished from the case of Jivanlal (supra) as in the present petition also the same issue of regularization of the petitioner after completing the 10 years of service from the date of his initial appointment is involved and in such circumstances, the impugned order dated 09.02.2022 is hereby quashed so far as it relates to non-grant of benefits for the period from 2004 to 07.04.2016 and thus, the respondents are directed to grant the benefit of regularization to the petitioner from relevant date of 2004 upto 07.04.2016. The consequential benefits accrued to the petitioner be also extended to him. Let the aforesaid exercise be completed within a period of three months from the date of receipt of certified copy of this order.

3. Counsel for the State submits that another co-ordinate Bench at Jabalpur in the case of Shriniwas Mishra Vs. State of M.P. and Ors. (W.P. No.4802/2023) by order dated 1/3/2023 restricted the claims of the petitioner for a period of 3 years and notional fixation has been directed to be given. The said judgment has been passed in the light of the judgment passed by the Apex Court in the case of Ram Naresh Rawat vs. Ashwini Ray and Ors. reported in (2017) 3 SCC 436.

4 . After hearing learned counsel for the parties and considering the

aforesaid judgments, I am of the view that co-ordinate Bench in the case of Shriniwas Mishra (supra) was considering the case of the employees who were classified and not the case of the employees who have been regularized. There is a distinction between regularization of service and permanent classification. The case of the present petitioner is of regularization and, therefore, his case is covered by the judgment passed by the co-ordinate Bench in the case of Ashok Kumar Padeyar (supra).

5 . The petitioner was appointed by order dated 4/1/1991 and was selected on contingency Sweeper w.e.f 1/4/1998 and thereafter, he was regularized on 9/10/2018. According to petitioner, he is entitled for grant of benefits after completing 10 years of service from the date of initial appointment in the light of the order passed in the case of Ashok Kumar Padeyar (supra). Admittedly, the representation of the petitioner has not been considered by the respondents and, therefore, the present petition is disposed off with a direction to Chief Medical Officer, Mandsaur to consider representation of the petitioner and to pass orders for grant of benefits after completing 10 years of service from the date of initial appointment in the light of the judgment passed by the co-ordinate Bench in the case of Ashok Kumar Padeyar (supra) within period of 3 months from the date of filing of the copy of the order. The petitioner shall be granted the benefits as granted to Ashok Kumar Padeyar after completion of

10 years of service from the date of initial appointment and consequential benefits accrued to the petitioner be also extended to him.

(VIJAY KUMAR SHUKLA) JUDGE Pramod