Madhya Pradesh High Court
Rupesh Patidar vs The State Of Madhya Pradesh on 23 March, 2023
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 23 rd OF MARCH, 2023
WRIT PETITION No. 18583 of 2022
BETWEEN:-
1. KHEMRAJ KHANDEKAR S/O LATE SHRI
CHANDRASENRAV KHANDEKAR, AGED ABOUT 54
YEARS, OCCUPATION: SERVICE (NOTICE CLERK)
R/O 42, RAS MANDAL, DISTRICT DHAR (MADHYA
PRADESH)
2. SHRI SANJIV PURANIK S/O LATE SHRI
VISHWASRAV PURANIK, AGED ABOUT 52 YEARS,
OCCUPATION: SERVICE (LABORATORY
ASSISTANT) 42, PURANIK WADA, JAWAHAR
MARG, DHAR (MADHYA PRADESH)
3. NATHULAL JADHAV S/O LATE SHRI GOVIND
JADHAV, AGED ABOUT 55 YEARS, OCCUPATION:
SERVICE (PHOTO COPYIST) R/O 63, MATA
BAKHAL, NOGAON, DHAR (MADHYA PRADESH)
4. CHAGGANLAL PARMAR S/O LATE SHRI
JAGANNATH JI PARMAR, AGED ABOUT 54 YEARS,
OCCUPATION: SERVICE (NOTICE CLERK) R/O 42,
RAS MANDAL, DHAR (MADHYA PRADESH)
5. GAJANAN PANVAR S/O LATE SHRI CHHOGALAL
PANVAR, AGED ABOUT 52 YEARS, OCCUPATION:
SERVICE (PLUMBER) R/O 36,
UTHKHANANOGAON, DHAR (MADHYA PRADESH)
6. MOHAN CHOUHAN S/O LATE SHRI SHIVDAYAL
CHOUHAN, AGED ABOUT 54 YEARS,
OCCUPATION: SERVICE (NOTICE CLERK) R/O 42,
RAS MANDAL, DHAR (MADHYA PRADESH)
7. SATYAENDRA PRASAD TYAGI S/O LATE SHRI
BHAGWANT PRASAD TYAGI, AGED ABOUT 57
YEARS, OCCUPATION: SERVICE (STORE CLERK)
R/O 121, TRIMURTI NAGAR, DHAR (MADHYA
PRADESH)
8. PANKAJ BORASI S/O LATE SHRI CHIRONJILAL
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 27-03-2023
10:40:23
2
BORASI, AGED ABOUT 52 YEARS, OCCUPATION:
SERVICE (ASSISTANT HAND MECHANIC) R/O 10,
PHADKE NAGAR, DHAR (MADHYA PRADESH)
9. MOHAMMAD ABRAR KHAN S/O LATE SHRI
MOHAMMAD NISAR KHAN, AGED ABOUT 51
YEARS, OCCUPATION: SERVICE (STORE CLERK)
R/O NAGAR PALIKA, TEKI PARISAR, DHAR
(MADHYA PRADESH)
10. SANTOSH RAIKWAR S/O LATE SHRI NANHELAL
RAIKWAR, AGED ABOUT 57 YEARS, OCCUPATION:
SERVICE (FILTER METER) R/O 17, VIKRAM
NAGAR, DHAR (MADHYA PRADESH)
11. MUKESH CHOUHAN S/O LATE SHRI GANGARAM
JI CHOUHAN, AGED ABOUT 53 YEARS,
OCCUPATION: SERVICE (COMPUTER OPERATOR)
R/O 62, SUNDARVAN COLONY, DHAR (MADHYA
PRADESH)
12. MILIND NAIK S/O LATE SHRI MILIND NAIK S/O
LATE SHRI KAMRAKAR NAIK, AGED ABOUT 55
YE A R S , OCCUPATION: SERVICE (COMPUTER
OPERATOR) R/O 22, BHOJ MARG, SHANIGALI,
DHAR (MADHYA PRADESH)
13. AVDESH LAD S/O LATE SHRI PRAMESH LAD,
AGED ABOUT 56 YEARS, OCCUPATION: SERVICE
(METER INSPECTOR) R/O 105/2, TRIMURTI
NAGAR, DHAR (MADHYA PRADESH)
14. BRIJ SHRIVASTAVA S/O LATE SHRI HARIPRASAD
SHRIVASTAVA, AGED ABOUT 55 YEARS,
OCCUPATION: SERVICE (LAB ASSISTANT) R/O 08,
DAAK BANGLA PARISAR, DHAR (MADHYA
PRADESH)
15. DEEPAK PALVE S/O LATE SHRI PURSHOTTAM
PALVE, AGED ABOUT 46 YEARS, OCCUPATION:
SERVICE (TIME KEEPER) R/O KOMDABAKHAL,
DHAR (MADHYA PRADESH)
16. RAJKUMAR SISODIYA S/O SHRI BADRI PRASAD
SISODIYA, AGED ABOUT 50 YEARS, OCCUPATION:
SERVICE (LINE MEN) R/O CHATRIBAGH, DHAR
(MADHYA PRADESH)
17. MAANAK PATEL S/O LATE SHRI SHANKAR PATEL,
AGED ABOUT 59 YEARS, OCCUPATION: SERVICE
(ASSISTANT PUMP OPERATOR) R/O TRIMURTI
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 27-03-2023
10:40:23
3
COLONY, NEAR KRANTI GARDEN, DHAR
(MADHYA PRADESH)
.....PETITIONERS
(PETITIONERS PRESENT IN PERSON)
AND
1. STATE OF MADHYA PRADESH THROUGH
SECRETARY PUBLIC HEALTH ENGINEERING
DEPARTMENT (PHE) VALLABH BHAWAN,
DISTRICT BHOPAL. (MADHYA PRADESH)
2. ENGINEER IN CHIEF PUBLIC HEALTH
ENGINEERING DEPARTMENT(PHE) BANGANGA,
JAL SANSADHAN BHAWAN, BANGANGA, BHOPAL
(MADHYA PRADESH)
3. CHIEF ENGINEER PUBLIC HEALTH ENGINEERING
DEPARTMENT INDORE REGION, RACE COURSE
ROAD, INDORE (MADHYA PRADESH)
4. EXECUTIVE ENGINEER PUBLIC HEALTH
ENGINEERING DEPARTMENT DHAR DIVISION,
DISTRICT DHAR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI SHREY RAJ SAXENA, DY.ADVOCATE GENERAL ALONGWITH
MS.VINITA PHAYE, GOVERNMENT ADVOCATE FOR
RESPONDENT/STATE)
WRIT PETITION No. 20697 of 2022
BETWEEN:-
1. RUPESH PATIDAR S/O LATE SHRI MOTIRAM,
AGED ABOUT 48 YEARS, OCCUPATION: SERVICE
65, BASANT VIHAR COLONY DHAR (MADHYA
PRADESH)
2. GHANSHYAM LODHA S/O HEMAJI, AGED ABOUT
48 YEARS, OCCUPATION: SERVICE CHATRI
CHOURAHA, DISTRICT DHAR (MADHYA
PRADESH)
3. KANHAIYALAL S/O SHRI LIMJI, AGED ABOUT 47
YEAR S , OCCUPATION: SERVICE MATARKUND,
DHAR (MADHYA PRADESH)
4. NANDLAL YADAV S/O DALLURAM, AGED ABOUT
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 27-03-2023
10:40:23
4
55 YEARS, OCCUPATION: SERVICE PANCHMUKHI
HANUMAN MANDIR DISTRICT DHAR. (MADHYA
PRADESH)
5. MOHD. AFAQ SHAIKH S/O IQBAL, AGED ABOUT 50
YEAR S , OCCUPATION: SERVICE MOMINWADI,
DHAR (MADHYA PRADESH)
6. RIYAJUDDIN S/O INAMUDDIN, AGED ABOUT 55
YEAR S , OCCUPATION: SERVICE MOMINWADI,
DHAR (MADHYA PRADESH)
7. RAFIQ KHAN S/O MAJID KHAN, AGED ABOUT 61
Y E A R S , OCCUPATION: SERVICE BEHIND
MARATHA, DHARMASHALA DHAR (MADHYA
PRADESH)
8. RAGHUVIR DODH S/O BABULAL, AGED ABOUT 55
YEAR S , OCCUPATION: SERVICE RASMANDAL,
DHAR (MADHYA PRADESH)
9. BHAGWAN KALESH S/O HAMRISINGH, AGED
ABOUT 55 YEARS, OCCUPATION: SERVICE
CHHATRI CHORAHA, PHE CAMPUS, DHAR
(MADHYA PRADESH)
10. MOHANLAL MAKWANE S/O BABULAL, AGED
ABOUT 59 YEARS, OCCUPATION: SERVICE
KALIKA ROAD, DHAR (MADHYA PRADESH)
11. DINESH BHALEKAR S/O LATE RAPAJI, AGED
ABOUT 61 YEARS, OCCUPATION: SERVICE WARD
NO. 2 DHARAMPURI, DHAR (MADHYA PRADESH)
12. MANGALMURTI SHARMA S/O MOHANDAS
SHARMA, AGED ABOUT 56 YEARS, OCCUPATION:
SERVICE TIRUPATI NAGAR, DHAR. (MADHYA
PRADESH)
13. ASHOK SONI S/O KAILASHCHANDRA, AGED
ABOUT 57 YEARS, OCCUPATION: SERVICE SAI
DHAM COLONY, DHAR (MADHYA PRADESH)
14. ASHOK SHARMA S/O RAMESHWAR, AGED ABOUT
55 YEARS, OCCUPATION: SERVICE 66 TIRUPATI
NAGAR, DHAR. (MADHYA PRADESH)
15. HARIOM S/O BHILAJI, AGED ABOUT 63 YEARS,
OCCUPATION: RETIRED ARJUN COLONY, DHAR
(MADHYA PRADESH)
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 27-03-2023
10:40:23
5
16. MADANLAL BODANE S/O GANPAT, AGED ABOUT
64 YEARS, OCCUPATION: RETIRED BAGDI TURK,
DHAR (MADHYA PRADESH)
17. PHOOLCHAND S/O THAWAR, AGED ABOUT 63
Y E A R S , OCCUPATION: RETIRED CHHATRI
CHORAHA, DHAR. (MADHYA PRADESH)
18. MANGILAL S/O MANAKCHAND, AGED ABOUT 65
YEARS, OCCUPATION: RETIRED KALIKA MARG,
DHAR (MADHYA PRADESH)
19. BABULAL GURJAR S/O MANGILAL, AGED ABOUT
62 YEARS, OCCUPATION: RETIRED ARJUN
COLONY, DHAR (MADHYA PRADESH)
20. SMT. SANTOSHI VERMA W/O LATE SHRI RANJIT
VERMA, AGED ABOUT 53 YEARS, OCCUPATION:
NIL MATARKUND, DHAR. (MADHYA PRADESH)
21. SMT. DURGESH NANDINI W/O LATE SHRI ASHOK
VIJAYWAT, AGED ABOUT 58 YEARS,
OCCUPATION: NIL JAWAHAR MARG. DHAR
(MADHYA PRADESH)
22. SMT. LEELA W/O LATE SHRI SHANKAR
GHODELAL, AGED ABOUT 53 YEARS,
OCCUPATION: NIL BADA GAWLIWADA, DHAR
(MADHYA PRADESH)
23. HEMANT KHADIKAR S/O LATE SHRI DINKAR
RAO, AGED ABOUT 61 YEARS, OCCUPATION:
SERVICE 02, NANAK MARG. DHAR. (MADHYA
PRADESH)
24. RAJENDRA S/O BAHADUR, AGED ABOUT 52
YE A R S , OCCUPATION: SERVICE 14 VIKRAM
NAGAR, KALIKA MARG. DHAR (MADHYA
PRADESH)
25. ZAHIR MOHAMMAD S/O WAZIR MOHAMMAD,
AGED ABOUT 60 YEARS, OCCUPATION: SERVICE
22, JAWAHAR MARG, DISTRICT DHAR (MADHYA
PRADESH)
.....PETITIONERS
(PETITIONERS PRESENT IN PERSON)
AND
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 27-03-2023
10:40:23
6
1. THE STATE OF MADHYA PRADESH THROUGH
SECRETARY, PUBLIC HEALTH ENGINEERING
DEPARTMENT (PHE), VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. ENGINEER IN CHIEF PUBLIC HEALTH
ENGINEERING DEPARTMENT(PHE) BANGANGA,
JAL SANSADHAN BHAWAN, BANGANGA,
DISTRICT BHOPAL (MADHYA PRADESH)
3. CHIEF ENGINEER, PUBLIC HEALTH
ENGINEERING DEPARTMENT INDORE REGION
RACE COURSE, ROAD. INDORE (MADHYA
PRADESH)
4. EXECUTIVE ENGINEER PUBLIC HEALTH
ENGINEERING DEPARTMENT KALIKA MARG,
DHAR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI SHREY RAJ SAXENA, DY.ADVOCATE GENERAL ALONGWITH
MS.VINITA PHAYE, GOVERNMENT ADVOCATE FOR
RESPONDENT/STATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
The petitioners have filed these writ petitions seeking benefit of minimum of regular pay scale from the date of classification as permanent employee from 19.05.2003 to 29.01.2017 (in W.P.No.18583/2022) and from 19.05.2003 to 01.10.2016 (in W.P.No.20697/2022).
According to the petitioners the entire controversy in respect of appointment, as daily wager, confirmation of status of permanent employee and thereafter withdrawal of confirmation and then grant of benefit of minimum of regular pay scale from the date of classification as permanent employee have been put to rest by this Court while deciding the Contempt Case No.2693/2019 (Pushpa Koranne and others Vs. Sanjay Shukla and others) on 15.02.2022. The petitioners are similarly placed persons, as they are also Signature Not Verified Signed by: REENA JOSEPH Signing time: 27-03-2023 10:40:23 7 working with the respondent since last more than 15 years on daily wages. Although they were granted the benefit of declaration of permanent status under circular dated 07.10.2016, but the similarly placed employee had been granted the status of permanent employee from the date when they were earlier classified as permanent employee. Hence, the petitioners are entitled to be classified on completion of 240 days of working in compliance of circular no.1139 dated 01.02.2003 issued by the respondents. According to the petitioners, they had been given the status of permanent employee vide order dated 19.05.2003, but no financial benefit was extended to them. Their initial appointment are not in dispute as daily rated employees in respective categories and their continuance in service till the passing of order dated 30.01.2017, hence, they are entitled to be classified from 19.05.2003.
Shri Shrey Raj Saxena, learned Deputy Advocate General alongwith the officers of the PHE, Dhar submits that in the office records the copy of order dated 19.05.2003, (Annexure P-2) is not available, therefore, the claim of the petitioners that they were declared classified vide order dated 19.05.2003 is unsustainable. A detailed enquiry has been conducted and found that no such order has ever been issued in favour of the petitioners, therefore, they are not entitled to be classified w.e.f. 19.05.2003 upon completion of 240 days of service. However, learned Deputy Advocate General further submits that issuance of circular no.1139 dated 01.02.2003 is not in dispute which was issued to all the offices /sub division of PHE to classify all daily rated employees as permanent employees who have completed 240 days of working. Shri Saxena also submits that declaration of status of permanent employee was given to those daily rated employees who were earlier confirmed, but their order of confirmation was later on cancelled, therefore, they were given the benefit of Signature Not Verified Signed by: REENA JOSEPH Signing time: 27-03-2023 10:40:23 8 confirmation from the date of earlier order. In the case of the present petitioners, no such order of confirmation is there therefore, they are entitled to be confirmed w.e.f the date on which they have been classified as permanent employee.
Even if it is believed that the order dated 19.05.2003 is not in existence and the same has never been issued, but the fact remains that these petitioners were appointed in the year 1990 onwards and their date of initial engagement as daily rated employees is reflected in the orders dated 30.01.2017 filed cumulatively with writ petition. If the respondents are creating two classes i.e one set of the daily rated employees, who were earlier confirmed and given the status of permanent employee, but later on order was recalled and another set of daily rated employees for them no order of confirmation was passed, but later on they have been found entitled to be classified as permanent employee. Even if in the first set of employees, where the order was passed, but later on cancelled and second set of employees in which no order was passed both are on the same footing and forming only one class. The petitioners' initial engagement as daily rated employees is not in dispute and if they all are entitled to be classified after completion of 240 days in compliance of circular no.1139 dated 01.02.2003, then benefit should be extended to all the employees at the relevant point of time.
Hence, without entering into the controversy whether the order dated 19.05.2003 is forged or not in existence, the petitioners are entitled for the benefit of declaration of permanent employee at par with those daily rated employee who have been granted the benefit of permanent employee in the light of the circular no.1139 dated 01.02.2003 and they have been given the benefit of Signature Not Verified Signed by: REENA JOSEPH Signing time: 27-03-2023 10:40:23 9 status of confirmation from the back date. If the competent authority at Dhar did not comply the direction issued vide circular no.1139 dated 01.02.2003 then the petitioners' cannot be made to suffer.
Accordingly, the writ petitions are allowed. The case of each of the petitioners be examined and necessary orders be passed and consequential benefits be given to the petitioners within 90 days from today.
C.C.as per rules.
(VIVEK RUSIA) JUDGE RJ Signature Not Verified Signed by: REENA JOSEPH Signing time: 27-03-2023 10:40:23