Anil Kumar Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 2802 MP

                                                                         1
                                         IN    THE       HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                   BEFORE
                                                     HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                          ON THE 15 th OF FEBRUARY, 2023
                                                           WRIT PETITION No. 2937 of 2023

                                        BETWEEN:-
                                        ANIL KUMAR TIWARI S/O LATE SHRI BAIKUNTH
                                        PRASAD TIWRI, AGED ABOUT 66 YEARS, OCCUPATION:
                                        RETIRED FROM THE POST OF TIME KEEPER, LOWER
                                        SIHAWAL CANAL DEVISION, CHURAHAT, SUB DIVISION
                                        NO.1 RAMPURNAIKIN SIDHI AT PRESENT R/O VILLAGE
                                        MAJHGAWAN,     POST  OFFICE    PATNA,   TEHSIL
                                        RAMPURNAIKIN, DISTRICT SIDHI (MADHYA PRADESH)

                                                                                                     .....PETITIONER
                                        (BY SHRI HARISH AGNIHOTRI - ADVOCATE)

                                        AND
                                        1.    THE STATE OF MADHYA PRADESH THROUGH
                                              PRINCIPAL SECRETARY WATER RESOUSRCES
                                              DEPARTMENT VALLABH BHAWAN BHOPAL
                                              (MADHYA PRADESH)

                                        2.    EXECUTIVE ENGINEER LOWER SIHAWAL CANAL
                                              DIVISION CHURAHAT DISTRICT SIDHI (MADHYA
                                              PRADESH)

                                        3.    PENSION / TREASURY OFFICER SIDHI DISTRICT
                                              SIDHI (MADHYA PRADESH)

                                                                                                  .....RESPONDENTS
                                        (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

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

Signature Not Verified SAN Petitioner's contention is that in the light of the judgment rendered by

Digitally signed by ASHWANI PRAJAPATI Hon'ble Division Bench of this Court in Shrikrishna Shrivastava Vs. State of Date: 2023.02.15 17:44:52 IST

M.P. [2003(4) M.P.L.J. 376] , petitioner was also entitled to be regularised in the work charged contingency paid establishment on completion of five years of service as daily wager, which he started on 01.03.1983. He was regularised w.e.f. 08.08.1989. Therefore, for computing the qualifying service, period should be counted from 01.03.1988 in place of 08.08.1989.

Petitioner has already made a representation contained in Annx.P/3. Accordingly, this petition can be disposed of with a direction that in case petitioner files a fresh representation raising his grievance raised herein, within 15 days along with certified copy of the order being passed today before the respondent No.2, then the respondent No.2 shall consider and decide the same

within a further period of sixty days, through a speaking order under communication to the petitioner, in the light of the judgment of Division Bench of this High Court in Shrikrishna Shrivastava (supra).

This Court has not expressed any opinion on the merits of the case. In above terms, this petition is disposed of.

(VIVEK AGARWAL) JUDGE A.Praj.

Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2023.02.15 17:44:52 IST