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Madhya Pradesh High Court

Municipal Corporation Jabalpur vs Anil Shukla on 27 April, 2018

                            THE HIGH COURT OF MADHYA PRADESH
                            WA Nos. 546/2018, 550/2018, 551/2018, 552/2018


            Jabalpur, Dated : 27-04-2018
                 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 regularisation
           in view of the long experience gained by the daily wage workers on




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




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




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           others [(2006) 4 SCC 1]. It is also argued that the regularisation is

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           possible only against the posts which are available and not by creating
           supernumerary posts.
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                 We find that the arguments require consideration.
                 Admit.
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                 In the meantime, the operation of the impugned order shall
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           remain stayed provided the appellants pay minimum of pay-scale as is
           available to the regular employees to the writ-petitioner during
                                    of




           pendency of the present appeal, in view of the judgment of the
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           Supreme Court reported as State of Punjab and others Vs. Jagjit
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           Singh and others, (2017) 1 SCC 148.
                 To be heard with W.A. No.391/2017.
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               (HEMANT GUPTA)                             (VIJAY KUMAR SHUKLA)
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               CHIEF JUSTICE                                        JUDGE

H Digitally signed by SAIFAN KHAN Date: 2018.05.02 16:29:45 +05'30' s@if