Sudhir vs State Of M.P. Through Panchayat ...
2023 Latest Caselaw 2160 MP

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                                                       W.P. No.20065/2020


        IN THE HIGH COURT OF MADHYA PRADESH
                      AT INDORE
                       BEFORE
            HON'BLE SHRI JUSTICE VIVEK RUSIA

                ON THE 7th OF FEBRUARY, 2023

                WRIT PETITION No. 20065 of 2020

BETWEEN:-
SUDHIR S/O GOPAL BHATIYA, AGED ABOUT 39 YEARS,
OCCUPATION: NONE 717-B, SCHEME NO. 71, INDORE (MADHYA
PRADESH)
                                                    .....PETITIONER
(SHRI SANJAY       JAMINDAR,     LEARNED     COUNSEL      FOR      THE
PETITIONER.)

AND
   STATE OF M.P. THROUGH PANCHAYAT AND RURAL
1. DEVELOPMENT DEPARMENT PRINCIPAL SECRETARY BHOPAL
   (MADHYA PRADESH)
   CHIEF EXECUTIVE OFFICER MADHAYA RAJYA ROJGAR
2. GAURANTY PARISHAD NARMADA BHAWAN C BLOCK, 50, ARERA
   HILLS , BHOPAL (MADHYA PRADESH)
    CHIEF EXECUTIVE OFFICER JILA PANCHAYAT , INDORE
3.
    (MADHYA PRADESH)
   EXECUTIVE ENGINEER GRAMIN YANTRIK SEVA INDORE
4.
   SAMBHAG INDORE (MADHYA PRADESH)
                                                 .....RESPONDENTS
(MS. PRANJALI YAJURVEDI, LEARNED PANEL ADVOCATE FOR
RESPONDENTS/STATE.)


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

The petitioner has filed the present petition to challenge order dated 20.8.2020 whereby Chief Executive Officer, Zila Panchayat, Indore has rejected his representation for re-appointment to the post

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W.P. No.20065/2020

of Sub Engineer (Contract) under "MANREGA".

Vide order dated 29.10.2010 the petitioner was appointed as Sub Engineer on payment of monthly salary of Rs.5000-8000/- for a period of two years on contract basis. The aforesaid appointment was continued from time to time. Vide order dated 26.11.2010 the honorarium was increased by granting Dearness Allowance. The petitioner was sent for training from time to time and posted in various Janpad Panchayats. On 9.11.2014, FIR was lodged against him on account of death of his wife viz. Sushila by way of burning within 7 years of marriage. He was prosecuted u/s. 304-B and 498A of the IPC. He submitted an application on 23.12.2014 that his wife has expired due to the accident and he is mentally disturbed, therefore, earned leave be granted from 9.11.2014 till 14.1.2015. The petitioner remained in jail from 23.5.2015 till 2.7.2018 i.e. for 1135 days, therefore, he did not work as Sub Engineer. Vide judgment dated 2.7.2018 he has been acquitted from all the charges.

The petitioner gave joining to the Executive Engineer on 17.7.2018 but the same was not accepted then he made a representation to the Executive Engineer on 25.1.2020. Thereafter, he filed the present petition before this Court. After two years, this petition has come up for hearing.

Learned counsel for the petitioner submits that once the petitioner has been acquitted from all the charges, he is liable to be reinstated or re-appointed on the same post on which he was working. Therefore, the respondents be directed to accept his joining.

After having heard learned counsel for the petitioner, I have perused the material available on record.

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W.P. No.20065/2020

The petitioner was appointed on contract basis for a period of two years and it was not at all a regular appointment. He remained in jail for so many days, hence he was out of employment. The contractual appointees have no right to claim re-appointment after discharge from the criminal case. Since the petitioner was not holding the regular post and the period of contract appointment came to an end, therefore, the relief of re-appointment cannot be granted.

Accordingly, this petition is dismissed.

( VIVEK RUSIA ) JUDGE Alok/-

Digitally signed by ALOK GARGAV Date: 2023.02.10 10:57:01 +05'30'