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Madhya Pradesh High Court

Smt. Shashi vs Municipal Corporation on 16 January, 2017

                          WP-5132-2012
                 (SMT. SHASHI Vs MUNICIPAL CORPORATION)


16-01-2017

Mr. Arvind Shrivastava, learned counsel for the petitioner.
Mr. Rahul Diwakar, learned counsel for the respondent.

Heard.

The petitioner has filed the present petition challenging the order dated 31.03.2011 passed by the respondent, thereby rejecting the claim of the petitioner for regularisation. The petitioner was appointed as “Safai Karamchari” in the Municipal Corporation, Sagar vide order dated 22.05.1992. As per Transfer Certificate issued from the school, the date of birth of the petitioner is mentioned as 13.05.1967 and the same is also mentioned in the mark-sheet of 5th Class. However, due to clerical mistake, the date of birth of the petitioner is mentioned as 11.11.1975 in service record. Thereafter, the respondent vide order dated 31.03.2011 has regularised the services of 68 “Safai Karamchari”, however, the name of the petitioner was not included in the said list as petitioner has not attained the age of 18 years at the time of appointment. Being aggrieved by that, the petitioner has submitted representations Annexure P/6 and P/7 to the respondent, but no action has been taken in the matter. The petitioner has therefore filed the present petition. Today, when the matter came up for hearing, learned counsel for the parties submit that the petition may be disposed of with a liberty to the petitioner to file comprehensive and fresh representation to the respondent along all relevant documents. In view of aforesaid submissions, the petition is disposed of with a liberty to the petitioner to file afresh representation along with all the relevant documents as well as the order passed by this Court in W.P. No.1856/1998. In case, such a representation is filed within a period of one month from the date of receipt of certified copy of the order passed today, the respondent shall consider and decide the representation in accordance with the law as well as mentioning correct date of birth of the petitioner and in the light of order passed in W.P. No.1856/1998 within a period of 3 months from receipt of such a representation. It is made clear that this Court has not expressed any opinion on the merits of the case. Accordingly, the petition stands disposed of. Certified copy as per rules.

(MISS VANDANA KASREKAR) JUDGE RC