Zahir Mohammad v. Public Health Engineering Department
2019-06-06
VIVEK RUSIA
body2019
DigiLaw.ai
ORDER 1. Heard on I.A. No. 2703/2019, an application for urgent hearing during summer vacation. 2. Keeping in view of the reasons mentioned in the application, IA No. 2703/2019 is allowed. The matter is taken up for hearing. 3. Heard on the question of admission. 4. Issue notice to the respondents on payment of process-fee within three working days by both mode. 5. Also heard on interim relief. 6. In identical case, vide order dated 21.1.2019 passed in WP No. 23513/2018 (Vishnu Verma v. State of M.P. and ors.), the co-ordinate Bench of this Court has held that the daily wager employee, who has been classified as permanent employee is entitled to continue up to the age of 62 years. It is further held by the co-ordinate Bench that : "The respondents have filed and they have stated that the petitioner was daily wager, however, they have not denied Annexure P-1, in which it has been categorically mentioned that the petitioner is a permanent employee and the respondents have gone to the extent in Annexure P-1 that the petitioner is an ex-Daily Wager. As the aforesaid document has not been denied by the respondents, the petitioner is not a daily wager. He is entitled to continue upto the age of 62 years. The respondents are, therefore, directed to reinstate the petitioner forthwith in service. The petitioner shall be entitled to 25% of back wages as well as all consequential benefits. With the aforesaid, the present petition stands disposed of." 7. In view of the above, the operation of the impugned order dated 26.3.2019, shall remain stayed, till the next date of hearing and the petitioner is permitted to continue, his services till attaining the age of 62 years. ................