Satya Prakash Khare vs The State Of Madhya Pradesh
2023 Latest Caselaw 9206 MP

                                                          1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                               ON THE 20 th OF JUNE, 2023
                                            WRIT PETITION No. 15351 of 2020

                          BETWEEN:-
                          SATYA PRAKASH KHARE S/O SHIV KUMAR KHARE,
                          AGED ABOUT 47 YEARS, OCCUPATION: CONTRACTUAL
                          EMPLOYEE 158, PRANANATH WARD NO. 6 PANNA
                          DISTT. PANNA M.P. (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI RAHUL DESHMUKH-ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THRO. THE
                                PRINCIPAL SECRETARY DEPARTMENT OF
                                TECHNICAL EDUCATION SKILL DEVELOPMENT
                                VALALBH BHAWAN BHOPAL (MADHYA PRADESH)

                          2.    COMMISSIONER TECHNICAL EDUCATION AND
                                SKILL DEVELOPMENT DISTT.BHOPAL (MADHYA
                                PRADESH)

                          3.    DIRECTOR TECHNICAL EDUCATION AND SKILL
                                D EV E L O PM E N T DISTT.JABALPUR (MADHYA
                                PRADESH)

                          4.    JOINT DIRECTOR TECHNICAL EDUCATION AND
                                SKILL DEVELOPMENT DISTT.SAGAR (MADHYA
                                PRADESH)

                          5.    SUPERINTENDENT     INDUSTRIAL   TRAINING
                                INSTITUTE DISTT.PANNA (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI ANSHUMAN SWAMI-PANEL LAWYER)

                                This petition coming on for admission this day, th e court passed the
                          following:
Signature Not Verified
                                                           ORDER

Signed by: ASTHA SEN Signing time: 6/21/2023 6:21:52 PM

The petitioner has filed this petition seeking quashment of order dated 15/09/2020 (Annexure P/10) by which the respondents made an effort to replace one set of contractual employee to another set of contractual employee.

2. It is contended by the counsel that on the strength of interlocutory order dated 25/11/2020, the petitioner has continued to perform his duties as a contractual employee.

3. Learned counsel for the petitioner contends that the issue is no more res integra which is evident from the perusal of the judgment of Apex Court in the case of Manish Gupta and Anr. Vs. President, Jan Bhagidari Samiti and Ors. reported in 2022 SCC OnLine SC 485, therefore, submits

that in view of the aforesaid decision, till a regular appointment is made against the post, the petitioner being a contractual employee, has right to continue and can not be replaced with another contractual employee.

4. Learned counsel for the respondents does not dispute that by virtue of interim order dated 25/11/2020, the petitioner has continued as a contractual employee.

5. In view of the aforesaid, no fruitful purpose is served, if the petition is kept pending unnecessarily.

6. Accordingly, this petition stands disposed of with a direction that the petitioner herein be allowed to continue as a contractual employee in Government ITI, Panna till the regular appointment is made against the said post.

7. With the aforesaid observation, this petition stands disposed of.

8. Certified copy as per rules.

Signature Not Verified Signed by: ASTHA SEN Signing time: 6/21/2023 6:21:52 PM

(MANINDER S. BHATTI) JUDGE Astha

Signature Not Verified Signed by: ASTHA SEN Signing time: 6/21/2023 6:21:52 PM