Madhya Pradesh High Court
Kamlesh Prasad Baiga vs The State Of Madhya Pradesh on 13 September, 2012
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Writ Appeal No.759/2011
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13.09.2012
Shri Sankalp Kochar, Advocate, for the appellant.
Shri Vijay Pandey, Deputy Advocate General for the re-
spondents.
This order shall decide W.A.No.989/10, W..A.No.990/2010,
W.A.No.991/10, W.A.No.704/11, W.A.No.760/11, W.A.No.796/11
and W.A.No.800/11 as similar questions are involved in these ap-
peals.
These appeals are arising out of the order passed by the writ
court by which the writ petitions were finally disposed of with cer-
tain directions by similar order though in separate cases.
The learned Single Judge considered the case of the appel-
lants for seeking employment/ engagement as a special category
under Rule 4B of the M.P. Loksewa Anusuchit Jati, anusuchit Jan-
jati Evam Anya Pichhada Wargon ke liye Arakshan) Niyam, 1998,
and held that as an enquiry in respect of the engagement of the ap-
pellants is pending before the respondents authorities in which the
appellants are to be heard and a decision is to be taken by the re- spondents, the matter was finally disposed of with liberty to the appellants to file an application before the respondents authorities for their re-engagement which would be considered by them in ac- cordance with law.
Learned counsel appearing for the appellants submitted that as per Rules of 1998, the appellants, belonging to Baiga tribe were entitled for their engagement bypassing the entire process of re- cruitment in Umaria district. It was submitted that the claim of the appellants was wrongly ignored by the respondents.
2 Writ Appeal No.759/2011 2Shri Vijay Pandey, learned counsel appearing for the State submitted that the aforesaid contention is not correct. An enquiry was conducted by the Collector, Tribal Welfare, Umaria, a copy of which is on record as Document No.1 along with an affidavit dated 10.9.2012 by which it was directed that the appellants may work till the completion of the enquiry as labour, under the Superintendent of the Hostel and after the enquiry their cases for engagement will be considered by the competent authority. It was also submitted by Shri Pandey that as per the aforesaid decision, the appellants may seek their engagement under MNREGA or for any other job which is available in the District and for this purpose all the appellants are to be issued job cards. Out of 108 appellants, 55 persons have already been issued job cards and remaining appellant will be is- sued job cards as per their entitlement. Out of 55, 20 persons are working and remaining 35 persons will get the job as and when the job is available. It is also submitted that under the MNREGA, the appellants are entitled for the job of minimum 100 days which shall be provided to them by the respondents.
Shri Sankalp Kochar, learned counsel appearing for the ap- pellants in reply submitted that there are vacancies in the tribal hostel but the appellants are not being considered for their engage- ment. It is also submitted that for the appellants who belongs to Baiga tribe, the procedure of appointment is to be by-passed and they may be given appointment as a person belonging to a special category.
Shri Vijay Pandey, learned counsel appearing for the State opposed the aforesaid contention. It is submitted by him that 3 Writ Appeal No.759/2011 3 though Baiga tribes are entitled for special treatment as per Rule 4B of the aforesaid Rules but other provisions are also to be taken care of by the concerned authority, before engagement of the appellants. It is submitted that after following all the provisions of the Rules, the respondents are ready to consider the claim of the appellants for their employment.
As the respondents have come forward to provide employ- ment/ engagement to the appellants as per their entitlement and are also ready to provide job cards, to the appellants, at present we find that the grievance of the appellants is substantially redressed by the respondents. The appellants may approach to the respond- ents for issuance of job cards except those who have already been issued job cards and on issuance of job cards they may seek work for a minimum period of 100 days under MNREGA. Apart from this if any vacancy is available in the Tribal hostel, the appellants may also apply under the Rules of 1998 for their employment and in case any such prayer is made by the appellant, the respondents shall consider the application of the appellants as per aforesaid Rules and shall take a final decision expeditiously.
So far as engagement under the MNREGA is concerned, a complaint is made by Shri Kochar that the appellants are being paid at the collector rate which was prevailing in the year 2006 and not at the present rate of 2012 and directions may be issued to the respondents to make payment as per the 2012 rates. To this Shri Vi- jay Pandey submits that the rates which are prevailing at present shall be paid to the appellants on their engagement under 4 Writ Appeal No.759/2011 4 MNREGA or under any other Scheme and they would not be paid on lower rates.
In view of the aforesaid statement, all the appeals are finally disposed of with no order as to cost.
(Krishn Kumar Lahoti) (Smt.Vimla Jain)
Judge Judge
HS