Bhika Singh vs The State Of Madhya Pradesh
2025 Latest Caselaw 3363 MP

Madhya Pradesh High Court

Bhika Singh vs The State Of Madhya Pradesh on 27 January, 2025

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

          NEUTRAL CITATION NO. 2025:MPHC-IND:1982




                                                             1                             WP-2738-2025
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                       BEFORE
                                      HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                ON THE 27th OF JANUARY, 2025
                                                WRIT PETITION No. 2738 of 2025
                                                   BHIKA SINGH
                                                      Versus
                                     THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                  Shri Rajeev Kumar Jain - advocate for the petitioner.

                                  Shri Shri Kushal Goyal - Dy.AG for State.

                                                                 ORDER

The petitioner has prayed for following reliefs:-

"(A) That the Petitioner may kindly be ordered to be regularized and treated as Regular employees of the Department on the post of Chokidar, (B) That the Petitioner may kindly be ordered to be regularized and treated as Regular employees of the Department on the post of Chokidar w.e.f. date 09.01.1990.

(C) That the Respondents be directed to make payment of Regular Pay Scale to the petitioner from the date of their appointment.

(D) That the arrears of the Salaries/ dues of the amount of the increment along with interest may kindly be ordered to be paid to the Writ Petitioner. (E) To, Allowed this Writ Petition.

(F) That any other relief which this Hon'ble Court may deem fit may also be given to the petitioner."

Counsel for petitioner submits that the petition may be disposed off in terms of the court order dated 27th August, 2024 passed in WP No.13084/2024.

NEUTRAL CITATION NO. 2025:MPHC-IND:1982

2 WP-2738-2025

3. After hearing learned counsel for the parties and taking into consideration the judgment passed by coordinate Bench in the case of Shri Gokul Chandra Roy (supra), the present petition is disposed of with the following directions:-

''It is directed that the respondents will consider the cases of the petitioners within a period of 120 days from the date of receipt of certified copy of this order being passed today in the light of the decision of Supreme Court in Uma Devi (supra) and the G.A.D. Circulars issued thereafter on 16.05.2007 and also other circulars issued from time to time.

Respondents are also directed to consider the cases of the petitioners as per their seniority after preparing a list of seniority showing the date of initial appointment of each of the workmen including those who have already been regularized. If they are subsequent appointees than the petitioners, then consider each case on the basis of the guidelines laid down by Hon'ble Supreme Court in the case of Uma Devi (supra).

Let this exercise be completed, screening be done and eligible candidates be given their due within the aforesaid period.''

4. In view of the above, the aforesaid judgment shall apply mutatis mutandis in the present case. Accordingly, the writ petition stands disposed of. The petitioner will file copy of the order passed today within 15 days from today.

(VIJAY KUMAR SHUKLA) JUDGE

VM