Madhya Pradesh High Court

Ramlal Kushwaha vs The State Of Madhya Pradesh on 6 May, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                       1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                               ON THE 6 th OF MAY, 2024
                                           WRIT PETITION No. 10610 of 2024

                           BETWEEN:-
                           1.    RAMLAL KUSHWAHA S/O LATE BALDEV, AGED
                                 ABOUT 68 YEARS, OCCUPATION: HELPER/PUMP
                                 OPERATOR JAL PRADAY VIBHAG MUNICIPAL
                                 CORPORATION JABALPUR H. NO. 311/3 VEHICLE
                                 ROAD NAGAR NIGAM QUARTER RANJHI
                                 JABALPUR (MADHYA PRADESH)

                           2.    DEEN BANDHU S/O RAJARAM, AGED ABOUT 53
                                 YEARS, OCCUPATION: HELPER/PUMP OPERATOR
                                 JAL PRADAY VIBHAG MUNICIPAL CORPORATION
                                 JABALPUR R/O H.NNO.11 VEHICLE ROAD
                                 GOKALPUR WARD RANJHI (MADHYA PRADESH)

                                                                             .....PETITIONERS
                           (BY SHRI RAJESH KUMAR PANDEY - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                 PRINCIPAL SECRETARY DEPARTMENT OF
                                 URBAN ADMINISTRATION AND DEVELOPMENT
                                 MANTRALAYA VALLABH BHAWAN BHOPAL
                                 (MADHYA PRADESH)

                           2.    THE MUNICIPAL CORPORATION THROUGH ITS
                                 COMMISSIONER MUNICIPAL CORPORATION
                                 JABALPUR (MADHYA PRADESH)

                           3.    THE ADDITIONAL COMMISSIONER MUNICIPAL
                                 CORPORATION JABALPUR (MADHYA PRADESH)

                           4.    ROSHAL   LAL   S/O   LATE  CHHOTELAL
                                 OCCUPATION: HELPER WATER RESOURCES
                                 MUNICIPAL CORPORATION BHOPAL (MADHYA
                                 PRADESH)

                           5.    DEVENDRA SINGH S/O KHUSHAL SINGH
                                 OCCUPATION: HELPER WATER RESOURCE
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 07-05-2024
11:03:43
                                                       2
                                 MUNICIPAL CORPORATION JABALPUR (MADHYA
                                 PRADESH)

                           6.    PADEEP KUMAR JHARIYA S/O LATE KANTA
                                 PRASAD OCCUPATION: HELPER KARMSHALA
                                 AND BHANDAAR MUNICIPAL CORPORATION
                                 JABALPUR (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                           (SHRI VIVEK SHARMA - DEPUTY ADVOCATE GENERAL FOR THE
                           RESPONDENT NO.1 - STATE)

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

Petitioners' contention is that they have made a representation Annx.P/5,

to the Commissioner, Municipal Corporation, Jabalpur, claiming that juniors to them have been regularised and they have been left out.

Reliance is placed on the judgment of Supreme Court in Jivanlal Vs. Pravin Krishna, Principal Secretary and others [Civil appeal No.12080/2016] and other connected matters, decided on 14.12.2016, wherein, it is held that "in that view of the matter, we do not find any justification in discriminating the appellants herein. The policy had been violated in many cases. There cannot be any pick and choose policy; it would certainly lead to corruption. Hence, the appeals are allowed with a direction to the respondents to grant similar treatment to the appellants herein as well grant regularisation to them with effect from the date of completion of 10 years of service."

In view of the said judgment, this petition is disposed of directing the respondents to consider the case of the petitioners for grant of regularisation from the date when their juniors were regularised, through a speaking order, within a period of 30 days, from the date of receipt of certified of this order

being passed today.

(VIVEK AGARWAL) JUDGE A.Praj.