RAFIQUE KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The issue regarding grant of up-gradation to work charge contingency paid establishment employees stands concluded by the order delivered in the case of Tejulal Yadav Vs. State of Madhya Pradesh reported in LAWS (MPH)-2009-1-22 in paragraphs 5-12 has held as under-

(2.) The same principle has been reiterated in the case of Dr. Ms. O.Z. Hussain Vs. Union of India and others AIR 1990 SC 311. This Court in the case of Smt. Kamla Devi Tiwari Vs. The State of M.P. And another (W.P. No.9368/2003) decided on 05/01/2005 has held that according to the decision of Raghunath Prasad Singh (Supra) the employees are entitled for promotion and the respondents were directed to extend the said benefit in terms of the decision of Supreme Court in Raghunath Prasad Singh (Supra). Since the Time Bound Promotion scheme is applicable to the Drivers serving under the Work Charge Establishment the view of this Court is that the same is also applicable to the petitioner who was serving on the post of Time Keeper and was retired from the said post." (Emphasis supplied)

(3.) In the light of the aforesaid judgment, as employees serving under the work charge contingency paid establishment are also entitled for up-gradation as held by this Court, the writ petition is allowed. The respondents are directed to consider the case of the petitioner for grant of up-gradation in the light of the GAD circular dated 27.3.1999/19.04.1999 as well as the circular dated 27.03.2001/29.03.2001. The exercise of considering the case of the petitioner be concluded within a period of four months from the date of receipt of certified copy of this order. The respondents shall also pay all the consequential benefits to the petitioner during the aforesaid period.