Madhya Pradesh High Court
Anurag Prasad Mishra vs The State Of Madhya Pradesh on 17 June, 2025
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 17th OF JUNE, 2025
WRIT PETITION No. 7957 of 2025
ANURAG PRASAD MISHRA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Ms. Taneyaa Manucha, learned counsel for the petitioner.
Shri Ved Prakash Tiwari, learned Government Advocate for
respondent/State.
ORDER
The present petition has been filed seeking the following reliefs:
(i) That, the Hon'ble Court may be pleased to direct the
respondents to decide the representations dated 04.12.2024,
09.12.2024, 17.12.2024 and 01.01.2025 and provide the benefit of
salary to the petitioner from the due date.
(ii) That, the Hon'ble Court may be pleased to direct the
respondents to comply with the order passed by the Hon'ble
Labour Court on 23.02.2024.
(iii) Any other relief which this Hon'ble court may deems fit and
proper in favour of petitioner may also be given and cost of
petition, in the interest of justice.
2. Learned counsel for the petitioner during course of the arguments
submits that there is an award of reinstatement of Labour Court dated
23/02/2024 placed on record as Annex.P/2, wherein the Labour Court
directed the reinstatement of petitioner in service without backwages. The
petitioner has been reinstated in service as Labourer but neither the benefit of
classification has been given to the petitioner nor he has been given the
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status of classified employee and also that since 15/09/2024 his salary has
been stopped by the Department and his attendance has not been taken.
Therefore, in the said manner he has been again illegally retrenched from
service by not marking his attendance and by not paying him salary despite
having an award of reinstatement of labour Court in his favour.
3. Learned counsel for the petitioner further submits that in light of
judgment of Hon'ble Supreme Court in the case of Gurpreet Singh Vs. State
of Punjab and others reported in (2002) 9 SCC 492, in case of reinstatement
upon setting aside the order of termination, the continuity of services has to
be reckoned and therefore, the petitioner has to be considered for conferring
the benefits of sthaikarmi and other benefits as at par with his counter parts
who were engaged in the year 2014.
4. Upon hearing learned counsel for the parties and on perusal of the
record, it is seen that the petitioner has been representing that his salary has
been stopped from 15/09/2024. Some enquiry into the complaints was made
by the Deputy DFO, Rewa, whereby it was found either the petitioner has
remained absent or he was engaged for less number of days, hence, the
salary has been paid to him for the period he has worked. The said report has
been submitted to the DFO, Rewa. From a perusal of the documents placed
on record, it appears that the DFO, Rewa is yet to take any decision in the
matter.
5. Accordingly, this Court deems it fit to direct the respondents No.3 &
4 to take note of grievances of the petitioner and verify whether the petitioner
is not being engaged for the entire month or his attendance has not been
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taken for entire month despite he being present on duty. If that is the
situation, let corrective measures be taken by the respondents No.3 & 4.
6. The respondents No.3 & 4 shall also examine whether the petitioner
is entitled for conferment of benefit of sthaikarmi as per policy dated
07/10/2016 as more than 10 years have passed since initial engagement of
the petitioner.
7. Upon examining the entitlement of the petitioner under the said
policy, necessary order be passed by the respondents No.3 & 4 strictly as per
law and without being influenced by any observations of this Court.
8. Let the aforesaid action be completed within a period of two months
from the date of production of this order.
9. This petition is disposed of.
(VIVEK JAIN)
JUDGE
RS
