Madhya Pradesh High Court
Kiran Kaole vs The State Of Madhya Pradesh on 6 September, 2019
Author: Sanjay Yadav
Bench: Sanjay Yadav
1
WA-1462-2019
THE HIGH COURT OF MADHYA PRADESH
WA-1462-2019
[Kiran Kaole & Ors. vs. State of M.P. & Ors.]
Gwalior, Dated 06/09/2019
Shri S.K. Sharma, learned counsel for the Appellants.
Shri Pratip Visoriya, learned Government Advocate for the
respondents/State.
1. This Appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyaylaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, is directed against the order dated 17/06/2019 passed in Writ Petition No.153/2015.
2. The Writ Petition preferred by the Appellants was for the following reliefs:
"(i) The respondents may kindly be directed to consider the whole service period from the initial date of employment of the petitioners i.e for petitioner No. 1, 01/12/1976 and for petitioner No. 2, 05/10/1980 for determining the pensionary claim upto superannuation.
(ii) That, the respondents may kindly be directed to revise the pension of the petitioners and after making proper fixation and paying the arrear, the relief be extended to the petitioners.
(iii) That, any other relief which this Hon'ble High Court may deem fit, with cost of the petition."
3. Learned Single Judge, however, address the following issue in paragraph 2-"The precise issue which arises for consideration in 2 WA-1462-2019 the present case is as to whether daily wager brought on work charged establishment, is subsequently, regularized in regular establishment, can such regularization be from retrospective date, irrespective of the fact that similarly situated employees were regularized on earlier date."
4. In our considered opinion, the issue was not qua regularization from retrospective date for grant of benefit of service continuously rendered by the petitioners with the department for the purpose of pension and retiral dues. In our considered opinion and as rightly pointed out by learned counsel for the Appellant that learned Single Judge glossed over the prime and foremost issue in the matter while dwelling upon the same treating it as the petitioner is seeking regularization from retrospective date.
5. In view whereof, while setting aside the impugned order dated 17/06/2019 passed in Writ Petition No.153/2015, we remit the matter for its decision fresh on merit.
6. Consequently, Appeal stands disposed of finally in above terms. No costs.
(Sanjay Yadav) (Vivek Agarwal)
Judge Judge
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Digitally signed by PAWAN
KUMAR
Date: 2019.09.07 11:48:41 +05'30'