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Madhya Pradesh High Court · body

2014 DIGILAW 120 (MP)

State of M. P. v. Gopal Singh Solanki

2014-01-24

PRAKASH SHRIVASTAVA, S.K.SETH

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Judgment S.K. Seth, J. This order will govern the disposal of Writ Appeal Nos.225/10, 256/10, 264/10, 415/10, 416/10, 418/10, 419/10, 117/11, 386/11 and 550/11, since it is jointly submitted by counsel for the parties that all these writ appeals involve same issue and have been filed against the similar orders passed by the learned Single Judge. 2. For convenience, facts have been noted from Writ Appeal No.225/2010 which has been filed against the order dated 21.12.2009 passed in W.P. No.9416/2009(S). 3. The writ petition was filed by the respondent-employee pleading that he was appointed as peon on 26.10.1990 and had continued in that capacity, and was regularized with effect from 14.5.1996. Subsequently by order dated 8.10.2004, the earlier order dated 14.5.1996 was cancelled. The cancellation was challenged by similarly situated employee Mohd. Sadiq Mansoori (W.P. No.5968/2003), Baliram Baghel (W.P. No.1512/2004) and Smt. Goptal Bai (W.P. No.1514/2004) and these writ petitions were allowed by order dated 14.9.2005, and the order dated 8.10.2004 was quashed by the Single Bench. The order of the Hon'ble Single Judge was affirmed by Division Bench and the Special Leave Petitions were also dismissed. Since the petitioner who was also a similarly situated employee, was not extended the benefit, therefore, he had earlier filed the Writ Petition No.227/2009(S) which was disposed of by order dated 23/1/2009 with liberty to the petitioner to file a detailed comprehensive representation. Meanwhile the order dated 17.12.2008 was passed cancelling the regularization order dated 14.5.1996. The order dated 17.12.2008 was challenged by the petitioner in W.P. No.7277/2009, which was admitted and stay was granted but even thereafter benefit of the order dated 14/5/1996 was not extended to petitioner. The petitioner has filed the present writ petition seeking benefit of the order dated 14.5.1996, by which regular pay-scale was granted from 14.5.1996. 4. Learned single judge placing reliance upon the order in the case of Jeeva Rathore Vs. The petitioner has filed the present writ petition seeking benefit of the order dated 14.5.1996, by which regular pay-scale was granted from 14.5.1996. 4. Learned single judge placing reliance upon the order in the case of Jeeva Rathore Vs. State of M.P. and others dated 8.9.2008 passed in W.P.(s) No.3743/2008, in which the similarly situated employee was held to be entitled to the benefit accrued to him from the order dated 14.5.1996 till the date of the fresh decision, has allowed the respondent's writ petition by order dated 21/12/2009 and quashed the order dated 8/10/2004, since it was passed without affording opportunity of hearing and has directed that the respondent will be entitled to the benefit accrued to him, by Order dated 14.5.196 till the date when the State had taken fresh decision. 5. Having heard the learned counsel for the parties, it is noticed that a large number of similarly situated employees have been granted the similar benefit. The Mohd. Sadiq Mansoori, Baliram Baghel and Smt. Gopal Bai who were also the identically placed persons, have succeeded up to the Supreme Court. The similar Writ Appeal No.119/2012 (State of M.P. and others Vs. Dharubai) has already been dismissed by order dated 25/4/2012 by taking note of the order passed in earlier Writ Appeal No.213/2011 (State of M.P. and others Vs. Kailash Chandra ) by holding as under :- “The learned Single Judge, while passing the impugned order dated 28/06/2011, has allowed the writ petition in terms of the decision rendered in the case of Baliram Baghel Vs. State of Madhya Pradesh and others (WP No.1512/2004(s) and Jeeva Rathore Vs. State of Madhya Pradesh and others (W.P. No.3743/2008(s). Not only this, this Court has dismissed similar Writ Appeal ie., 213/2011 and the order passed by the Division Bench of this Court in para 3, 4, 5 and 6 reads as under : “3. The petitioners before the writ Court filed writ petitions claiming regular pay scale i.e. pay scale of Rs.750-945/ w.e.f. 14.05.1996. They challenged the order dated 02.02.2009 by which their claim for regular pay scale was turned down. According to the writ petitioners after completion of five years of service vide order dated 14.05.1996 they were granted pay scale Rs.750945/ on the basis of the Circular dated 17.03.1978 issued by the State Government. They challenged the order dated 02.02.2009 by which their claim for regular pay scale was turned down. According to the writ petitioners after completion of five years of service vide order dated 14.05.1996 they were granted pay scale Rs.750945/ on the basis of the Circular dated 17.03.1978 issued by the State Government. The said order was kept in abeyance on 29.06.1996 and thereafter it was cancelled by the State Government on 08.10.2004. It is worth mentioning that the said order of cancellation was challenged by one Baliram Bhagel by filing a Writ Petition No. 1512/2004. The writ petition of the said Baliram Bhagel was allowed vide order dated 14.09.2005 passed by the learned Single Judge. The writ appeal No.128/2006 filed by the appellant/ State suffered dismissal vide order dated 11.11.2006 passed by the Division Bench. The SLP filed by the State challenging the order of Division Bench was also dismissed by the Supreme Court. 4. When the matter stood thus, the writ petitioners herein filed Writ Petition No.1601/2008 (s) which was disposed of vide order dated 08.09.2008 by quashing the order dated 08.10.2004 issued by the State Government with liberty to take appropriate decision after issuing show cause notice to the petitioners. On the basis of the said liberty show cause notice was issued by the appellants. The writ petitioner (respondent herein) filed reply of the same. The appellants State Government after considering the reply vide order dated 02.02.2009 cancelled the order of grant of regular pay scale issued in favour of the writ petitions. Aggrieved the petitioners filed the writ petitions. 5. The learned Single Judge after examining the matter at length and taking into consideration that identically placed employee Baliram Baghel is receiving regular pay scale held that the denial of the same pay scale to the petitioners would be violative of Article 21 of the Constitution of India. He also took into consideration that the pay scale was granted by the State Government vide order dated 14.05.1996 to those employees who have completed five years of service in contingency establishment in the light of the Circular dated 17.03.1978 allowed the writ petition noticing the fact that the State Government never withdrew the Circular dated 17.03.1978 and the Circular dated 09.01.1990 imposing ban in respect of appointment will not come in the way for grant of regular pay scale made on the basis of the Circular dated 17.03.1978. 6. Having considered the submissions made by the learned Dy. Govt. Advocate and learned counsel appearing for the respondents, we are of the view that learned Single Judge has rightly dealt with the matter and the impugned order needs no interference in this intra Court appeal. In the light of the order passed in W.A. No.213/2011, as identical Writ Appeals have already been dismissed, this court does not find any reason to interfere with the order passed by the learned Single Judge. The present writ appeal is also accordingly dismissed.” 6. The State has already implemented the orders passed in the case of Baliram Baghel and other similarly situated persons. Therefore, there is no justification for denying the same benefit to the present respondent. Even otherwise the order dated 8.10.2004 has rightly been set aside by the learned Single Judge because it was passed without giving an opportunity of hearing to the respondent. The benefit of the order dated 14.5.1996 has been granted to the respondent only for a limited period till the date when the petitioners had taken fresh decision, after giving opportunity of hearing. 7. In these circumstances, we do not find any merit in the Writ Appeals, which are accordingly dismissed.