Madhya Pradesh High Court
Municipal Corpoaration Jabalpur vs Surendra Kumar Ingwasia on 2 July, 2018
1 WA-680-2018
The High Court Of Madhya Pradesh
WA-680-2018
(MUNICIPAL CORPOARATION JABALPUR Vs SURENDRA KUMAR INGWASIA)
3
Jabalpur, Dated : 02-07-2018
Ms. Tanya Tiwari, Advocate for the appellant.
Shri Dinesh Upadhyay, Advocate for the respondents.
Shri Manoj Rajak, Advocate for the respondent no.11. Learned counsel for the appellant 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 regularization in view of the long experience gained by the daily wage workers on the post runs counter to the judgment of the Supreme Court in Secretary, State of Karnataka and Others Vs. Uma Devi and Other (2006) 4 SCC 1. It is also argued that the regularization is possible only against the posts which are available and not by creating supernumerary posts.
Admit.
To be heard along with W.A.No.663/2018.
Learned counsel for the appellant points out that respondent nos. 1, 2, 9 and 11 are continuing on daily wages whereas services of respondent nos. 3, 4, 5, 6, 7, 8 and 10 stands terminated with effect from 18.01.2017.
Learned counsel for the said respondents states that they are continuing in service but no wages are being paid after 18.01.2017.
In view of the said fact, respondent nos. 1, 2, 9 and 11 shall be paid minimum of pay scale as admissible to regular employees in the light of Supreme Court Judgement reported as State of Punjab and Others Vs. Jagjit Singh and Others (2017) 1 SCC 148.
However, there will be stay of the order passed by the learned Single Judge in respect of respondent nos. 3, 4, 5, 6, 7, 8 and 11.
(HEMANT GUPTA) (VIJAY KUMAR SHUKLA)
CHIEF JUSTICE JUDGE
anu
Digitally signed by ANUPRIYA
SHARMA
Date: 2018.07.05 12:53:36
+05'30'