Smt. Mahraji Basor vs The State Of Madhya Pradesh
2023 Latest Caselaw 7757 MP

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                                        IN      THE    HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                 BEFORE
                                                   HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                             ON THE 11 th OF MAY, 2023
                                                         WRIT PETITION No. 11143 of 2023

                                       BETWEEN:-
                                       SMT. MAHRAJI BASOR W/O SHRI RAMBARAN
                                       BHARUA, AGED ABOUT 55 YEARS, OCCUPATION:
                                       STHAYI KARMI ANUSUCHIT JATI SENIOR GIRLS
                                       HOSTEL BAIDHANA DISTRICT (MADHYA PRADESH)

                                                                                                  .....PETITIONER
                                       (NONE)

                                       AND
                                       1.    THE STATE OF MADHYA PRADESH THROUGH
                                             PRINCIPAL SECRETARY TRIBAL WELFARE
                                             DEPARTMENT VALLABH BHAWAN, BHOPAL
                                             (MADHYA PRADESH)

                                       2.    C O M M I S S I O N E R , TRIBAL WELFARE
                                             D EPARTM EN T SATPUDA BHAWAN, BHOPAL
                                             (MADHYA PRADESH)

                                       3.    COM M I S S I ON ER , REWA       DIVISION REWA
                                             (MADHYA PRADESH)

                                       4.    COLLECTOR, SINGRAULI DISTRICT SINGRAULI
                                             (MADHYA PRADESH)

                                       5.    CHIEF EXECUTIVE OFFICER, JILA PANCHAYAT
                                             S IN GR AULI DISTRICT SINGRAULI (MADHYA
                                             PRADESH)

                                       6.    ASSISTANT COMMISSIONER, TRIBAL WELFARE
                                             DISTRICT SINGRAULI (MADHYA PRADESH)

                                                                                               .....RESPONDENTS
Signature Not Verified
  SAN
                                       (BY SHRI V. S. SHUKLA - PANEL LAWYER)
Digitally signed by MRS. LORETTA RAJ
Date: 2023.05.12 17:02:48 IST                This petition coming on for admission this day, th e court passed the
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                                       following:
                                                                               ORDER

Petitioner's contention is that since petitioner has been declared to be permanently classified employee by the Assistant Commissioner Tribal Development, Singrauli, vide order dated 29.11.2017 in terms of order dated 07.10.2016 therefore, he is entitled to benefit of judgment of Ram Naresh Rawat versus Sri Ashwini Ray & Others (2017) 3 SCC 436.

Learned counsel for the respondent submits that vide GAD's circular dated 07.10.2016 there is no provision for permanent classification and is the circular regulating the services of daily wagers. Therefore, in absence of any order by the competent authority to permanently classify the petitioner,

petitioner is not entitled to benefit of law laid down by the Supreme Court in Ram Naresh Rawat (supra).

Taking these facts into consideration and also the fact that petitioner is not a permanent classified employee in terms of M.P. Industrial Employment (Standing Orders) Rules, 1963, petitioner is not entitled to claim benefit of Ram Naresh Rawat (supra).

Therefore, petition fails and is dismissed.

(VIVEK AGARWAL) JUDGE Loretta

Signature Not Verified SAN

Digitally signed by MRS. LORETTA RAJ Date: 2023.05.12 17:02:48 IST