SHAILENDRA KUMAR SAHU Vs. STATE OF MP

JUDGEMENT

(1.) Challenging the order dated 2-8-2008 - Annexure P-4, imposing certain conditions with regard to eligibility criteria for regularisation of the petitioner, who'is working as a daily wage Sub-Engineer, this writ petition has been filed.

(2.) Petitioner claims to have been appointed as a daily wage employee in the Department on 1-12-1993. Thereafter, on 31-3-2004, in view of certain orders passed by the Labour Court he was classified as a permanent erftployee within the meaning of the Industrial Employment Standing Orders, Act and Rules. It is the case of the petitioner that while in service he appeared in an examination conducted by the Rajiv Gandhi Proudyogiki Vishwavidyalaya (University of Technology of Madhya Pradesh) in December, 2000 - February, 2001 and obtained a Diploma in Mechanical Engineer.

(3.) On 5-2-2008, vide, Annexure P-2, a Notification was issued wherein daily wage employees, who had worked for more than 10 years, were granted an opportunity to participate in an examination for being regularized in service and .to fill up the existing vacant posts of Sub-Engineers in the Department of Public Health Engineering. It is the grievance of the petitioner that even though on the basis of his qualification, i.e., Diploma, and the fact that he has completed 10 years service, the Head of the Department vide Annexure P-3 empanelled the petitioner in the list of eligible candidates entitled to appearing in the selection process, but by the impugned order a condition is imposed that only such of the employees, who have been in service for more than 10 years and the Diploma or the Degree course and certificate obtained by them should also be of a period of more than 10 years can participate in the selection procedure. It is stated that on the ground that petitioner has obtained Diploma only 8 years ago, as such he is ineligible, his candidature is rejected and, therefore, petitioner is before this Court challenging the condition to that effect imposed in the circular - Annexure P-4.