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Madhya Pradesh High Court

Municipal Corporation Jabalpur vs Narendra Kumar Mishra on 18 May, 2018

                            THE HIGH COURT OF MADHYA PRADESH
                                        WA-655-2018
                            (MUNICIPAL CORPORATION JABALPUR Vs NARENDRA KUMAR MISHRA)


    1
    Jabalpur, Dated : 18-05-2018
         Mr. Anshuman Singh, Advocate for the appellants.
         Learned counsel for the appellants inter alia argued that the
   finding recorded by the learned Single Bench that educational
   qualifications are not required to be seen at the time of regularization




                                                                           sh
   in view of the long experience gained by the daily wage workers on




                                                                     e
   the post runs counter to the judgment of the Supreme Court in




                                                                  ad
   Secretary, State of Karnataka and others Vs. Uma Devi and

                                                             Pr
   others [ (2006) 4 SCC 1]. It is also argued that the regularisation is
   possible only against the posts which are available and not by creating
                                                     a
                                                   hy

   supernumerary posts.
         We find that the argument require consideration.
                                             ad



         Admit.
                                         M




         In the meantime, the operation of the impugned order shall
   remain stayed provided the appellants pay minimum of pay scale as is
                                      of




   available to the regular employees to the writ petitioner during
                             rt




   pendency of the present appeal, in view of the judgment of Supreme
               ou




   Court reported as State of Punjab and others Vs. Jagjit Singh and
   others, (2017)1 SCC 148.
       C




         To be heard with W.A. No.391/2017.
 h
 ig




          (HEMANT GUPTA)                                         (VIJAY KUMAR SHUKLA)
H




          CHIEF JUSTICE                                                   JUDGE

mrs. mishra Digitally signed by DEEPA MISHRA Date: 2018.05.18 23:22:04 -07'00'