Awashesh Kumar Saket vs The State Of Madhya Pradesh
2023 Latest Caselaw 16206 MP

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 IN    THE      HIGH COURT OF MADHYA PRADESH
                     AT JABALPUR
                         BEFORE
      HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                   ON THE 3 rd OF OCTOBER, 2023
                  WRIT PETITION No. 18653 of 2023

BETWEEN:-
AWASHESH KUMAR SAKET S/O SHRI RAGHUNATH
PRASAD SAKET, AGED ABOUT 28 YEARS, OCCUPATION:
DAILY RATED EMPLOYEE (WATER SUPPLIER/ PEON/
JAL WAHAK) SHASKIYA UTKRISHTA ANUSUCHIT JATI
BALAK    CHHATRAVAS,    RAIPUR   KARCHULIYAN
DISTRICT REWA (ORALLY TERMINATED) R/O VILLAGE
AND POST PURAINI JAGIR TEHSIL HUZUR DISTRICT
REWA (MADHYA PRADESH)

                                                           .....PETITIONER
(BY SHRI RAMJEE SHUKLA - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      DEPUTY       SECRETARY        GENERAL
      ADMINISTRATION DEPARTMENT MANTRALAYA
      VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2.    COLLECTOR (ANUSUCHIT JATI / JAN KARYA
      V I B H A G ) R E WA DISTRICT REWA (MADHYA
      PRADESH)

3.    DISTRICT COORDINATOR (JILA SANYOJAK)
      ADIM JATI KALYAN REWA DISTRICT REWA
      (MADHYA PRADESH)

4.    SUPERINTENDENT    SHASKIYA   UTKRISHTA
      ANUSUCHIT JATI BALAK CHHATRAVAS RAIPUR
      KARCHULIYAN DISTRICT REWA (MADHYA
      PRADESH)

                                                        .....RESPONDENTS
(BY SHRI MOHAN SAUSARKAR - GOVERNMENT ADVOCATE )

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

This Petition under Article 226 of Constitution of India has been filed seeking following relief:

"(i) Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus to direct the respondents to reinstate the petitioner as daily rated employee as usual in Shaskiya Utkrishta Anusuchit Jati Balak Chhatravas, Raipur Karchuliyan, District Rewa by allowing him to mark his presence in Attendance Register of Shaskiya Utkrishta Anusuchit Jati Balak Chhatravas, Raipur Karchuliyan, District Rewa in the interest of justice.

(ii) Any other relief which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be issue in favour of the petitioner along with cost of the petition."

2. It is submitted by counsel for petitioner that petitioner was appointed as daily rated employee in the year 2017. However, w.e.f. July, 2022, respondents have verbally terminated his services.

3. Heard the learned counsel for petitioner.

4. Petition is completely silent as to whether appointment of petitioner was illegal or irregular. Further, in the light of judgment passed by Supreme Court in the case of Secretary, State of Karnataka and Others Vs. Uma Devi (3) and Others reported in (2006) 4 SCC 1, the State was authorized to take one-time measure to regularize the services of those irregularly appointed employees, who had already put in 10 years of service on the date of pronouncement of judgment passed in the case of Uma Devi (supra) i.e. 10.04.2006.

5. In absence of any right of petitioner, this Court is of considered opinion

that no relief can be granted to petitioner under Article 226 of Constitution of India. However, petitioner is granted liberty to approach the appropriate forum, if available, for redressal of his grievances under the Labour Law.

6. With aforesaid observation, petition is dismissed.

(G.S. AHLUWALIA) JUDGE Shanu

Digitally signed by SHANU RAIKWAR Date: 2023.10.03 18:19:48 +05'30'