Madhya Pradesh High Court
The State Of Madhya Pradesh vs Pawan Kumar Jain on 14 November, 2014
Writ Appeal No.257 of 2013.
14.11.2014
Shri Sanjay Dwivedi, Government Advocate for the
appellants/State.
Shri R.B. Tiwari, Advocate for the respondent.
Heard on I.A.No.4132/2013, which is an application for condonation of delay.
For the reasons stated in the application, which has not been seriously controverted by the respondent, we deem it proper to condone the delay in filing this appeal.
The delay is condoned.
The application is allowed.
With the consent of counsel for the parties, the appeal is also heard finally.
This writ appeal is directed against the order dated 26.2.2010 passed by learned single Judge whereby he has allowed respondent's Writ Petition No.2469/2010(S).
Before the learned single Judge, respondent who was initially appointed as Section Writer prayed for regularization of his services on the ground that the State Administrative Tribunal had directed the State to consider the case of Section Writer for appointment to the post of Lower Division Clerk in regular set up against first available vacant post. Learned single Judge after hearing the parties and having regard to the decisions of the State Administrative Tribunal rendered in O.A. No.389/1993 (Ram Bahadur Sharma Vs. State of Madhya Pradesh and others) and O.A. No.3742/1993 (Sainey Prasad Soni Vs. State of M.P. and others) allowed the petition of respondent with a direction to give him appointment on regular basis on the post of Lower Division Clerk as per the directives issued by the Tribunal in those cases.
It is to be noted that similar directions of the learned single Judge were challenged by the State Government in a bunch of Writ Appeals including Writ Appeal No.606/2010 which was disposed of by a Division Bench of this High Court vide order dated 15.12.2010. The operative part of the order dated 15.12.2010 reads as under :
"We, therefore, deem it appropriate to modify the order passed by the learned Single Judge and to direct the appellants herein to consider the case of the respondents for appointment on the post of Lower Division Clerk on regular basis in accordance with law. It is further directed that in case respondents are found suitable for regularization and the appointments of respondents are found not to be illegal on the post of Lower Division Clerk, preference shall be given to them for appointment on regular basis, subject to availability of the vacancy. Needless to state that the appellants shall afford an opportunity of hearing to the employees before taking the final decision.
With the aforesaid direction, the writ appeals stand disposed of."
We, therefore, finally dispose of the present writ appeal also in the light of the order dated 15.10.2010 quoted above and the order passed by the learned single Judge stands modified to this extend.
(AJIT SINGH) (C.V.SIRPURKAR)
JUDGE JUDGE
Khan*