W.P.No.5928/2010(s)
17.5.2010
Shri Rajesh Dubey, learned counsel for the petitioner.
Shri Rajesh Tiwari, learned Govt.Adv. for the respondents.
Petitioner who was appointed initially as Section Writer in
the copying section has filed this petition claiming regularization
in service on the ground that in the cases of other similarly
situated employees the State Administrative Tribunal had
directed to consider the cases of Section Writer for appointment
to the post of L.D.C. in the regular set up against first available
vacant post.
It is the case of the petitioner that the decision rendered by
the Tribunal in O.A.No.389/1993 (Ram Bahadur Sharma Vs.
State of Madhya Pradesh and others) decided on 13-05-1999
has been implemented in the cases of some employees and
therefore petitioner is also entitled to similar benefits.
From the record, it is seen that after the order was passed
by the Tribunal on 13-05-1999 in the case of Ram Bahadur
Sharma (supra) a review application filed by the State
Government was rejected and thereafter writ petition being
W.P.No.1284/2002 (State of Madhya Pradesh and others Vs.
Ram Bahadur Sharma and others) was filed, which was
dismissed by the Division Bench of this court on 31-01-2008. In
view of this, matter has allowed finally and respondents have
granted benefit of the said order to the employees.
It is seen that the case of Ram Bahadur Sharma was
decided on the basis of another order dated 2-12-1994 passed by
the Tribunal in the case of Sainey Prasad Soni Vs. State of
M.P. and others, passed in O.A.No.3743/1993.
In view of the fact that the petitioner is also similarly
situated, there is no reason why the petitioner should be dealt in a
different manner.
Accordingly, this petition is also disposed of with direction to
give appointment on the regular basis in the post of L.D.C. as per
directive issued by the Tribunal in the case of Ram Bahadur
Sharma (supra) to the petitioner also.
For the present, petition is allowed and disposed of with the
aforesaid directions.
C.C. as per rules.
(Rajendra Menon)
JUDGE
Mrs.mishra