Pradeep vs The State Of Madhya Pradesh
2023 Latest Caselaw 18698 MP

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                                                           W.P. No.28301/2023


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

                ON THE 6th OF NOVEMBER, 2023

                WRIT PETITION No. 28301 of 2023

BETWEEN:-
PRADEEP S/O DARIYAO RANE, AGED ABOUT 62 YEARS,
OCCUPATION: ASSISTANT SUB INSPECTOR R/O 5/8 LAXMIBAI
MARG KASRAWAD DISTT KHARGONE (MADHYA PRADESH)
                                                        .....PETITIONER
(NONE FOR THE PETITIONER.)

AND
   THE STATE OF MADHYA PRADESH SECRETARY DEPARTMENT OF
1. AGRICULTURE MANTRALAYA VALLABH BHAWAN BHOPAL
   (MADHYA PRADESH)
   MANAGING      DIRECTOR   MADHYA    PRADESH    STATE
2. AGRICULTURE MARKETING BOARD 26, ARERA HILLS KISAN
   BHAWAN BHOPAL (MADHYA PRADESH)
   KRISHI UPAJ MANDI SAMITI KASRAWAD THR ITS SECRETARY
3.
   KHARGONE (MADHYA PRADESH)
                                                    .....RESPONDENTS
(SHRI KUSHAL GOYAL, LEARNED DY. ADVOCATE GENERAL FOR THE
RESPONDENTS/STATE ON ADVANCE COPY.)


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

1. The petitioner has filed the present petition seeking regularization w.e.f. 1.2.1996 i.e. from the date on which similarly situated employees were granted the said benefit.

2. According to the petitioner, he was engaged as Nakedar in the

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W.P. No.28301/2023

year 1988 and continued in service as reflected in the seniority list of daily-rated employees published on 20.1.2001. He was terminated from service on 30.6.1996. He approached the Labour Court and the learned Labour Court allowed his claim vide award dated 29.11.2002. In compliance of the said award, he was taken back in service and he submitted his joining on 8.1.2003. Against the said award of Labour Court the respondents preferred a writ petition before this Court in which the matter was remitted back to the Labour Court. Thereafter, award dated 28.2.2008 was passed by the Labour Court in favour of the petitioner. Thereafter, the petitioner filed W.P. No.8072/2011 which was allowed vide order dated 16.5.2011 by directing the respondents to consider the case of the petitioner in the light of the judgment passed in W.P. No.4107/2009(S). The petitioner was regularised in service vide order dated 1.10.2012. The petitioner stood retired from service w.e.f. 31.12.2022. After retirement the petitioner is challenging the action of the respondents that instead of 1.10.2012 he ought to have been regularized w.e.f. 1.1.1996. From 2012 till 2022 He never made any representation claiming the said benefit, therefore, this petition suffers from delay and latches.

Accordingly, this petition is dismissed.

( VIVEK RUSIA ) JUDGE Alok/-

Digitally signed by ALOK GARGAV Date: 2023.11.07 14:59:41 +05'30'