Madhya Pradesh High Court
Manoj Dubey vs Raja Man Singh Tomar Musice And Arts ... on 20 June, 2018
THE HIGH COURT OF MADHYA PRADESH
WP-12948-2018
(MANOJ DUBEY Vs RAJA MAN SINGH TOMAR MUSICE AND ARTS UNIVERSITY GWALIOR THR.)
1
Gwalior, Dated : 20-06-2018
Shri D.S.Raghuvanshi, Advocate for the petitioners.
Shri Yogesh Chaturvedi, Government Advocate for the State.
The grievance in the instant petition filed u/Art. 226 of the Constitution of
India is that despite having worked for more than 10 years as Daily Wager,
benefits flowing from the Executive Instruction issued on 16/5/2007 as amended
from time to time by subsequent Circulars for regularization have not reached the
petitioners.
It is needless to emphasize that the said instructions were issued pursuant
to the decision of the Constitutional Bench of the Apex Court in the case of
Secretary, State of Karnataka & others Vs. UmaDevi & others reported in
(2006) 4 SCC 1.
This court cannot go into the factual aspect of number of years rendered
by the petitioners as daily wager and further as to whether the petitioners satisfy
the pre-requisites under the said policy for being eligible to be considered for
regularization or not and therefore leaves it to the competent authority to apply
it's mind to the said question.
Consequently, the petition stands disposed of with a direction that the
petitioners shall file a fresh representation to the respondent No.1, namely, Raja
Man Singh Tomar Music and Arts University Gwalior through it's Registrar, who shall consider the same in accordance with law in terms of the policy if the same has been adopted by the University and pass a speaking order in regard to the entitlement or otherwise of the petitioners, as expeditiously as possible preferably within a period of 2 (two) months from the date receipt of such representation.
Needless to emphasize that in case the petitioners are found eligible for regularization, necessary consequential order be passed.
With above said direction, the petition stands disposed of. No cost.
(SHEEL NAGU) JUDGE DHANANJAYA BUCHAKE 2018.06.21 14:18:02 +05'30' (Bu)