Research › Search › Judgment

Madhya Pradesh High Court · body

2015 DIGILAW 401 (MP)

Rajiv Gandhi Prodyogikiya Shramik Vishwavidyalaya Karmchari Sangh v. State of M. P.

2015-04-08

VANDANA KASREKAR

body2015
JUDGMENT : Vandana Kasrekar, J. 1. The petitioner has filed the present writ petition challenging the advertisement dated 28/7/2014 (Annexure-P/1) and amended advertisement dated 26/8/2014 (Annexure-P/2) issued by respondent No. 4 thereby inviting the application to fill up the various posts of Class-III and Class-IV of technical and clerk from the open market. 2. The contention of the petitioner is that the petitioner is a Sangh and the present writ petition is filed by the Vice President of the Sangh in the interest of contingency/daily wages employees against the inaction on the part of the respondents in not regularizing their services in spite of the fact that they are working in the department for last more than 14 years. It is submitted that the petitioner has filed list of contingency/daily wages employees of Class-III as Annexure-P/3 and Class-IV as Annexure-P/4. It is further submitted that the work of the contingency/daily wages employees is satisfactory and there is nothing against them. They are working in the department since 2000 but their services are not regularized. The petitioner, therefore, submitted number of representations from time to time for regularization of their services, but, nothing has been done, however, in spite of regularizing their services, respondent No. 4 has issued impugned advertisement thereby inviting applications for filling up the posts of Class-III and Class IV of technical and clerk from open market. It is further submitted that in the advertisement there is no relaxation of age and qualifications given to the contingency/daily wages employees. The provident fund is also deducted from their salary every month. There are number of vacant posts in the University. The petitioner-Sangh, therefore, submitted number of representations but no action has been taken in the matter. 3. During pendency of this petition, in view of subsequent event, the petitioner has filed an application for amendment. The application was allowed and by way of amendment the petitioner has impleaded that the State Government has issued a circular dated 29/9/2014 thereby amending the earlier circular with respect to regularization of the daily wages and temporary employees. By way of this circular, certain directions have been given in respect of regularization of daily wages employees working against the vacant post. By way of this circular, certain directions have been given in respect of regularization of daily wages employees working against the vacant post. In pursuance of the said circular, Secretary of the respondent-university vide letter dated 31/10/2014 has informed the In-charge Director regarding the said circular for regularization of the daily wages/contingency paid and temporary employees, wherein it has also been mentioned that in pursuance of the letter dated 29/10/2014 of the Chancellor of the University, a committee has been constituted for scrutinizing the cases of the daily wages employees working in the university and directed for considering the cases of the daily wagers in the light of the circular issued by the Department of General Administration from time to time. On 14/11/2014 one of the office holder of the petitioner Sangh has sought information in respect of decision taken by the Under Secretary, Technical Education, in respect of regularization of the daily wages employees of the respondent-university. In response to the same the Directorate of Technical Education has given very vital information i.e. the order-sheets of the regularization matter. The Director, Technical Education after considering all the aspects has came to the conclusion that the advertisement issued for filling of the post is not correct despite the fact that the daily wages employees are already working against the vacant posts. Copy of the note sheet is already on record as Annexure-P/16. In spite of regularizing the services of the employees of the petitioner Sangh, the respondents have issued fresh advertisement for filling of the vacant posts, the petitioner has approached this Court by filing the present writ petition. 4. The respondents have filed their reply and have, inter-alia, contended that as per the circular issued by the State Government, cases of the employees were to be considered keeping their situation into consideration as on 10/4/2006 and their cases are required to be considered in accordance with para-5.1 of the policy dated 16/5/2007. They have further submitted that a committee was constituted on 15/10/2009 and the cases of the employees as on 10/4/2006 were considered in accordance with the State Government circular dated 16/5/2007. But, as all the employees who have been mentioned in the list are working since 2000 and as they have not completed a period of ten years, therefore, their cases have not been considered. But, as all the employees who have been mentioned in the list are working since 2000 and as they have not completed a period of ten years, therefore, their cases have not been considered. A preliminary objection was taken by them that the petitioner Sangh is not a registered union and the President of Sangh Shri Gyan Prakash Tiwari is not an employee of the university. Certain allegations were made against Shri G.P. Gandhi. It is submitted that the relief of regularization of services is completely a personified relief which can be claimed in personam as tenure of an employee, his working and scrutiny of individual cases has to be seen and, therefore, relief of regularization cannot be claimed on the behest of Sangh for all the employees. 5. Learned counsel for the petitioner argued that the contention made by the respondents that the members of the petitioner-Sangh are not entitled to be regularized in view of the circular dated 16/5/2007 as they have not completed ten years of service as on 10/4/2006 is not correct. He has contended that while relying on this circular, the respondents have completely lost sight of the subsequent circular issued by the State Government on 29/9/2014. As per this circular, the daily wages employees who are working on vacant posts and have completed ten years or more than ten years, their cases should be placed before the committee constituted for regularization and this circular was accepted by the respondent-university vide letter dated 31/10/2014 (Annexure-P/15) by which the respondent-university has directed the Director to constitute a committee for scrutiny of the cases of the daily wages employees for regularization of their services. He further submits that as per note sheet dated 14/10/2014 the Director, Technical Education has stated that as the advertisement which is issued for filling of the post of daily rated employees is not proper since the daily rated employees are working against the vacant posts for large number of years and their services can be regularized as per the seniority and by following the roster. Thus, he contends that in view of the documents, the respondents may be directed to constitute a committee for scrutinizing of their cases for regularization instead of issuing fresh advertisement for filling up of the posts. Thus, he contends that in view of the documents, the respondents may be directed to constitute a committee for scrutinizing of their cases for regularization instead of issuing fresh advertisement for filling up of the posts. So far as preliminary objection regarding registration of the Sangh is concerned, learned counsel for the petitioner submits that the petitioner-Sangh is a registered union and associated with Bhartiya Mazdoor Sangh. 6. Learned counsel for the respondents argued that a committee was constituted in the year 2009 for scrutinizing the case of the daily rated/contingency paid employees for regularization, but, as the members of the petitioner Sangh have not completed ten years as on 10/4/2006, therefore, their services have not been regularized in view of the circulars issued by the State Government. 7. I have heard learned counsel for the parties and perused the record. From perusal of the record, it is clear that the State Government has issued circular dated 29/9/2014 for regularizing the services of the daily rated employees and in the said circular there is no mention about the cut of date. The said circular is issued by the State Government after considering the case in the light of judgment passed in the case of Secretary, State of Karnataka Vs. Uma Devi & others, (2006) 4 SCC 1 . The respondents/university has also adopted the said circular and directed the Director to constitute a committee for considering the cases of the daily rated employees for regularization and, therefore, the contention made by learned counsel for the respondents as the members of the petitioner-Sangh have not completed ten years of service as on 10/4/2006 so that they are not entitled to be regularized is not correct. The Director, himself, in its note sheet Annexure-P/16 has found that the members of the petitioner-Sangh are working against the vacant post for last more than ten years and, therefore, it is not proper to issue advertisement for filling of the vacant post. It is pertinent to note that the committee was constituted in the year 2009 thereafter the respondents have not constituted any committee for scrutinizing the cases of the daily wages employees. 8. Thus, in the light of the aforesaid discussions, the writ petition filed by the petitioner is allowed. It is pertinent to note that the committee was constituted in the year 2009 thereafter the respondents have not constituted any committee for scrutinizing the cases of the daily wages employees. 8. Thus, in the light of the aforesaid discussions, the writ petition filed by the petitioner is allowed. The respondents are directed to constitute a committee for scrutinizing the cases of the members of the petitioner-Sangh for regularization and if they found fit, then they be regularized on their respective posts. The aforesaid exercise be completed within a period of six months from today.