Research › Search › Judgment

Madhya Pradesh High Court · body

2004 DIGILAW 301 (MP)

State of M. P. v. Madanlal Pandey

2004-03-25

A.K.GOHIL, S.S.JHA

body2004
JUDGMENT This order shall govern the disposal of Writ Petition No. 1389 of 1999 (State of M.P. & others v. Devendra Sharma and others) and Writ Petition No. 1674 of 1999 (State of M.P. & others v. Mahesh Kumar Sharma and others). This petition is filed by State Government challenging the order passed by Madhya Pradesh State Administrative Tribunal. Respondents, who were engaged on daily wages and are working as daily wagers from the year 1981, applied for their regularisation before the State Administrative Tribunal. They claimed right in view of the circular of the State Government, dated 9.1.1990, for regularising daily wages employees, who are getting their wages from workcharged and contingency fund. The policy of the State Government for regularisation is filed as Annexure A-5 at page No. 34 - Tribunal directed that the cases of regularisation should be considered in terms of the policy of the Government, dated 9.1.1990, within a period of six months from the date of communication of the order. Tribunal further directed that the respondents shall also take up appropriate required steps including one of moving the appropriate authority for creation of new posts for regularisation of services of the applicants in terms of the policy decision dated 9.1.1990. Counsel for the petitioner submitted that at present no vacant post is available with them, therefore, these directions cannot be complied and order of Tribunal is bad. Counsel for the respondent on the other hand submitted that other daily wages employees have been regularised, who were junior to the respondents and they have been regularised in pursuance of the policy, Annexure A-5, dated 9.1.1990. Only question involved in the case is whether direction of creation of post can be issued by the Tribunal. Para 3 of the policy, Annexure A-5, relates to regularisation of the daily wagers who were working on daily wages upto 31.12.1988. It provides for a screening committee to examine regularisation of daily wagers, which shall be presided over by the Superintending Engineer and will include two Executive Engineers and the list shall be prepared on the Chief Engineer level zone-wise and the appointment shall be provided on the post available in the zone and for other departments also the committee shall be presided by the Zonal Officer with two members to be appointed, which shall consider the cases of regularisation under the scheme laid down by the Government. It is not disputed by the petitioner that the respondents were appointed prior to 31.12.1988 on daily wages and they are continuing on daily wages till today. They have served for more than 20 years and some of them may be on the verge of retirement. Under the circular, the process of regularisation should have been completed within three months, i.e., up to March, 1990. In the said facts of the case, since the cases of the respondents were not considered, therefore, it is directed that the cases of respondents be considered strictly in terms of the policy and if it is felt that there is need for the posts then it is for the authority to write to the State Government for creation of the posts and if the State Government agrees to create posts then the posts may be increased in terms of para 1 of the policy. It is expected that since it is an old matter, the screening committee shall be constituted at the earliest to screen the cases of respondents keeping in mind that the juniors of the respondents have been regularised. The decision taken by the petition shall be communicated to the respondents. Counsel for the petitioner has no objection to consider the cases in the light of the policy of the Government. Therefore, this petition is disposed of with the aforesaid direction.