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Madhya Pradesh High Court · body

2010 DIGILAW 472 (MP)

Kailash v. State of M. P.

2010-04-23

SHANTANU KEMKAR

body2010
Judgment ( 1. ) The petitioner is working as Class IV employee in Tribal Welfare Department of the State Government. After completion of five years service on contingency basis, an order dated 14.5.96 (AnnexureP/1) was issued ordering his regularization in the work charge and contingency fund service in the pay scale of Rs. 750-945 along with several other employees. Thereafer on 8.10.04 vide Annexure P/2, the order dated 14.5.96 (Annexure P/1) was cancelled. ( 2. ) Today when the matter came up for hearing, learned counsel appearing for the petitioner submitted that in the similar circumstances various writ petitions have been allowed by this Court and the impugned order dated 8.10.04 (Annexure P/2) has been quashed. He also submitted that the order passed by learned Singe Judge in those writ petitions have been upheld by the Division Bench of this Court in Writ Appeals. ( 3. ) Shri Vivek Phadke, learned G A appearing for respondent did not dispute this, he, however, submitted that the order dated 8.10.04 (Annexure P/2) was quashed by this Court in other writ petitions on the ground that before passing the order dated 8/10/04, no show cause notice or opportunity of hearing was given to the petitioner. He further submitted that in view of the aforesaid, the impugned order dated 8/10/04 may be liable to be quashed but the respondents be given liberty to take appropriate decision on the basis of show cause notice which has already been issued. ( 4. ) Having regard to the aforesaid I am inclined to dispose of this petition by quashing the impugned order dated 8/10/04 (Annexure P/2) so far as it relates to the petition with liberty to the respondents to take appropriate action/decision on the basis of show casue notice, in accordance with law after giving an opportunity of hearing to him. ( 5. ) Needless to say that petitioner would be entitled for the benefits accrued to him from the order dated 14.5.96 (Annexure P/l) till any fresh decision is taken as per the liberty aforesaid. The petition stands disposed of accordingly.