AJAY SHARMA Vs. STATE OF M.P .

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following relief (s):-

(2.) The case of the petitioner is that he was employed in Public Health and Engineering Department on the pot of Pump Driver. He continuously discharged his duties and since, the benefits of regularization or other schemes were not given to him, therefore, he filed a writ petition before this Court, claiming the benefit of Classification which was registered as W.P. No. 5877 of 2016 and was decided by order dated 24-8-2016 in the light of the judgment passed in the case of Kaluram Narwariya Vs. State of M.P. Passed in W.P. No. 2000/2015 on 6-4-2015. It is submitted that since, the petitioner was continuously engaged since 1-8-1988, therefore, he was entitled for regularization. It is submitted that the respondents, instead of extending the benefit of regularization, has extended the benefit of classification, wherein the benefit of increment and other benefits are not extendable to the petitioner, in the light of the judgment passed by the Supreme Court in the case of Ram Naresh Rawat Vs. Ashwini Ray reported in (2017) 3 SCC 436. It is submitted that the respondents have implemented a new scheme in the name of Viniyatikaran and the benefit of the same has been extended to the petitioner, but there is a vast difference between Regularization and Viniyatikaran, therefore, the petitioner is entitled for regularization.

(3.) The State has filed its return and raised a preliminary objection that the initial appointment of the petitioner was through back door. The petitioner was not appointed against any vacant, sanctioned post and therefore, the order of classification was cancelled, which was never challenged by the petitioner. It is further submitted that although the initial appointment of the petitioner was illegal, but he was found entitled for the benefit of Viniyatikaran Scheme and accordingly, the benefit of the same has been extended to the petitioner.