RAVI SHANKAR SINGH Vs. MPPKWCL AND OTHERS

JUDGEMENT

(1.) The present petition has been filed, invoking the plenary powers of this Court under Article 226 of the Constitution , inter-alia praying for the quash of order granting sanction for prosecution dated 07/02/2019 (Annexure P/13) and 2910512019 (Annexure P/14).

(2.) The Petitioner was appointed on 09/09/2013 as an Assistant Engineer (Electrical-Contract) in the Madhya Pradesh Poorvi Kshetra Vidyut Vitaran Company Limited (MPPKWCL) (hereinafter referred to as "the Company") on contractual basis. The said order of appointment is Annexure P/1 at page 27 of the petition. The Petitioner is at S. No. 14. The said order also deputed the Petitioner along with others for institutional training from 09/09/2013 to 23/09/2013. Clause 3 of the order fixes the contract period of the Petitioner for a term of two years from 09/09/2013, subject to successful completion of one month's training. It also provided that if the appointee does not complete the training successfully, his/her contract shall be terminated immediately. Clause 4 mentions that the engagement was on a contractual basis as per terms & conditions published for the purpose, and the agreement executed between them. It also provided that these appointees shall be discontinued with effect from the afternoon of 08/ 09I 15.

(3.) Annexure P/2, at page No.29, is an order dated 25/09/13 by which the candidates were deputed for field training for fifteen days at such places noted against their names, on the same terms & conditions as stipulated in the order of their appointment dated 09/09/13. The Petitioner is at S.No. 4 and was posted to (O &M) Circle Chhindwara. Annexure P/3 at page 30 of the petition is an order dated 01/10/16 passed by the Respondents, by which new contract was executed with the Petitioner and others similarly situated, extending their contract from 03/10/16, which would stand terminated on its own, after the lapse of three years.