KRISHNA KUSHWAHA Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition is being preferred challenging the order dated 12.12.2012 passed by the respondents whereby, the order of regularization of petitioner has been cancelled and it has been further directed to recover the salary which has been paid to the petitioner.

(2.) It is alleged by learned counsel for the petitioner that the petitioner was initially engaged as daily wager w.e.f 01.12.1988 and he was regularized on 31.12.1996, since then, he was continuously working in the Department and benefits were granted from time to time. A show cause notice was issued to the petitioner on 20.11.2012 to the effect that the regularization was bad in law. In pursuance to the aforesaid show cause notice, reply was duly filed by the petitioner. After considering the reply filed by the petitioner, the impugned order has been passed and the same was recalled with further direction to recover the salary which has been paid to the petitioner. Even otherwise, the procedure for enquiry as contemplated in provisions of Civil Services (Classification Control and Appeal) Rules 1966 has not been adopted. He has further drawn attention of this Court to impugned order wherein, opportunity of hearing has not been granted to the petitioner prior to passing the order impugned, no enquiry has been conducted by the respondents and merely, issuing a show cause notice and after taking reply from the petitioner straight away the order impugned has been passed which is not sustainable and deserves to be set aside the impugned order.

(3.) Per contra, learned counsel for the respondents/State has denied all the averments in the petition and has submitted that after examination of the case of the petitioner, regularization of the petitioner has been cancelled. He has drawn attention of this Court to circular dated 09.01.1990, wherein, only direction was issued to regularize the services of the daily wager who were working before 31.12.1988, whereas, appointment date of the petitioner was 01.12.1988. He has relied upon the judgment rendered by Hon'ble Supreme Court in the case of Secretary, State Of Karnataka vs Umadevi And Others reported in (2006) 4 SCC 1 and submits that the Hon'ble Supreme Court has considered this aspect that daily wagers who have completed more than 10 years in service is entitled for regularization if the initial appointment is legal and as per rules and against any vacant post. He has prayed for dismissal of the writ petition.