Madhya Pradesh High Court
Vivek Kumar Shrivastava vs The State Of Madhya Pradeshe on 17 February, 2023
Author: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 17 th OF FEBRUARY, 2023
WRIT PETITION No. 15238 of 2020
BETWEEN:-
RAJESH PANDEY S/O LATE SHRI HIRA LAL PANDEY,
AGED ABOUT 43 YEARS, OCCUPATION: PLANT
ASSISTANT M.P. POWER GENERATION COMPANY
TONES HYDEL COMPLEX SIRMOUR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI AJEET SINGH - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
SECRETARY ENERGY DEPARTMENT VALLABH
BHAWAN (MADHYA PRADESH)
2. MANAGING DIRECTOR MP POWER
MANAGEMENT COM. SHAKTI BHAWAN RAMPUR
(MADHYA PRADESH)
3. MANAGING DIRECTOR POWER GENERATION CO.
L T D . SHAKTI BHAWAN RAMPUR (MADHYA
PRADESH)
4. ADDITIONAL CHIEF ENGINEER (THC) POWER
GENERATION CO. LTD. SIRMOUR DISTT.REWA
(MADHYA PRADESH)
5. CHIEF ENGINEER (HR AND A) POWER
GENERATION CO. LTD. BLOCK NO. 9 SHAKTI
BHAWAN RAMPUR, JABALPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI ASHISH MISHRA - PANEL LAWYER FOR STATE AND SHRI
ANOOP NAIR - ADVOCATE WITH Ms. RITIKA CHOUHAN FOR
Signature Not Verified
Signed by: ASHISH DATTA
Signing time: 2/21/2023
11:23:18 AM
2
RESPONDENTS)
WRIT PETITION No. 16155 of 2020
BETWEEN:-
VIVEK KUMAR SHRIVASTAVA S/O LATE SHRI KISHORE
CHANDRA SHRIVASTAVA, AGED ABOUT 49 YEARS,
OCCUPATION: CIVIL ATTENDANT GRADE- II , M.P.
POWER GENERATING CO. LTD. UNDER
SUPERINTENDING ENGINEER (OANDM) SHILPARA
REWA DISTT. REWA M.P. (MADHYA PRADESH)
.....PETITIONER
(BY SHRI AJEET SINGH - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THRO.
SECRETARY ENERGY DEPARTMENT VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. MANAGING DIRECTOR POWER GENERATION CO.
L T D . SHAKTI BHAWAN RAMPUR, JABALPUR
(MADHYA PRADESH)
3. MANAGING DIRECTOR M.P. POWER
MANAGEMENT COMPANY LIMITED SHAKTI
BHAWAN, RAMPUR, JABALPUR (MADHYA
PRADESH)
4. CHIEF ENGINEER (HR AND A) POWER
GENERATION CO. LTD. BLOCK NO. 9 SHAKTI
VIDYUT NAGAR, RAMPUR, JABALPUR (MADHYA
PRADESH)
5. SUPERINTENDENT ENGINEER POWER
GENERATION CO. LTD. O AND M SHILPARA
REWA (MADHYA PRADESH)
6. ADDITIONAL CHIEF ENGINEER (THC) MPPGGCL
SIRMOUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ASHISH MISHRA - PANEL LAWYER FOR STATE AND SHRI
ANOOP NAIR - ADVOCATE WITH Ms. RITIKA CHOUHAN FOR
RESPONDENTS)
WRIT PETITION No. 16654 of 2020
Signature Not Verified
Signed by: ASHISH DATTA
Signing time: 2/21/2023
11:23:18 AM
3
BETWEEN:-
1. OM PAL SINGH S/O LATE SHRI PREM PAL SINGH,
AGED ABOUT 50 YEARS, OCCUPATION: PLANT
ASSISTANT M.P. POWER GENERATING CO. LTD.,
OPERATION SHIFT (THC) SIRMOUR, DISTT. REWA
(M.P.) (MADHYA PRADESH)
2. GYANENDRA KUMAR SEN S/O LATE SHRI RAM
BHAJAN SEN, AGED ABOUT 45 YEARS,
OCCUPATION: PLANT ASSISTANT M.P. POWER
GENERATING CO.LTD. OPERATION SHIFT (THC)
SIRMOUR (MADHYA PRADESH)
3. BALWANT SINGH S/O LATE SHRILALJI SINGH,
AGED ABOUT 47 YEARS, OCCUPATION: CIVIL
ATTENDANT, M.P. POWER GENERATING CO.LTD.
OPERATION SHIFT (THC) SIRMOUR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI AJEET SINGH - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
SECRETARY VALLABH BHAWAN BHOPAL M.P.
(MADHYA PRADESH)
2. MANAGING DIRECTOR M.P. POWER
GENERATION CO. LTD. SHAKTI BHAWAN
RAMPUR, JABALPUR (MADHYA PRADESH)
3. MANAGING DIRECTOR M.P. POWER
MANAGEMENT COMPANY LIMITED SHAKTI
BHAWAN, RAMPUR, JABALPUR (MADHYA
PRADESH)
4. CHIEF ENGINEER (HR. AND A) POWER
GENERATION CO. LTD. BLOCK NO. 9 SHAKTI
VIDYUT NAGAR, RAMPUR, JABALPUR (MADHYA
PRADESH)
5. ADDL. CHIEF ENGINEER POWER GENERATION
CO. LTD. (THC), SIRMOUR DISTT.REWA (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI ASHISH MISHRA - PANEL LAWYER FOR STATE AND SHRI
ANOOP NAIR - ADVOCATE WITH Ms. RITIKA CHOUHAN FOR
Signature Not Verified
Signed by: ASHISH DATTA
Signing time: 2/21/2023
11:23:18 AM
4
RESPONDENTS)
This petition coming on for admission this day, th e court passed the
following:
ORDER
This order shall govern disposal of W.P. No.15238/2020 and W.P.
No.15238/2020, as all these case relate to the same impugned order.
2. For the sake of convenience, facts stated in W.P. No.16654/2020 are
being taken into consideration. The petitioners in W.P. No.16654/2020 have
prayed for the following reliefs:-
"i) It is therefore prayed that this Hon'ble Court
may kindly be pleased to direct the respondents to
regularise the services of the petitioner No.1 and 2 w.e.f.
09.12.1999 and respondents be further directed to
regularise the services of the petitioner No.3 w.e.f.
07.12.1999 with all service benefits including arrears in
the light of circular dated 18.07.1989 within the
stipulated period.
ii) To quash the impugned order dated
07.01.2009 (Annex.P/6) so far as it relates to the date
i.e. 10.05.2005."
3. It is submission of learned counsel for the petitioners that
petitioners are aggrieved by impugned order dated 07.01.2009 so far as it relates
to the date of regularisation (i.e. 10.05.2005) passed by the respondent No.5 by
which the respondent No.5 regularised the services of the petitioner w.e.f.
10.05.2005 whereas, the petitioner No.1 and 2 are entitled to get the said benefit
Signature Not Verified
Signed by: ASHISH DATTA
Signing time: 2/21/2023
11:23:18 AM
w.e.f. 09.12.1999 whereas, the petitioner No.3 is entitled to get the said benefit
w.e.f. 07.12.1999 after completion of 2 years of service. It is the submission of
counsel for the petitioners that petitioners are appointee on compassionate basis
and are entitled to be regularised on completion of 2 years of probation period.
Claim of the petitioners have been rejected. He referred the judgment passed by
the coordinate Bench of this Court in W.P. No.4378/06(s) dated 03.08.2011 in
the case (Smt. Mangla Supe Vs. M.P. State Electricity Board and others),
wherein, after considering the circular dated 27.02.1982, it has been held that
compassionate appointee is also entitled for regularisation after two years of
satisfactory service from the date of her initial appointment. On the basis of
said judgment, the coordinate Bench in W.P. No.8373/2014 ( Sunil Kumar
Raghuvanshi Vs. M.P. Power Generating Co. Ltd., and others) and in the
case of (Rajaram Raikwar Vs. M.P.P.K.V.V. Co. Ltd., and others ) W.P.
No.21886/2017 has extended the benefit to those petitioners who were
appointed on compassionate basis.
4. Learned counsel for the respondents opposed the prayer and
submits that circular is confined to wife of deceased employee and said fact is
subject matter of challenge in W.A. No.1189/2011, which is pending
consideration.
5. Considering the rival submissions and the fact situation as well as
the judgment pronounced by the coordinate Benches from time to time, in
different matters referred above, it appears that petitioners are also entitled for
the said benefit of regularisation as per the benefits extended to other similarly
placed employees.
6. Therefore, petitions stand allowed and benefits as extended to
others be provided to the petitioners also as expeditiously as possible
Signature Not Verified
Signed by: ASHISH DATTA
Signing time: 2/21/2023
11:23:18 AM
preferably within three months from the date of receipt of certified copy of this
order. It is made clear that regularisation of the petitioners will remain subject to
outcome of decision in W.A. No.1189/2011.
Petition stands disposed of in above terms.
(ANAND PATHAK)
JUDGE
a
Signature Not Verified
Signed by: ASHISH DATTA
Signing time: 2/21/2023
11:23:18 AM
