LAWS(MPH)-2011-2-55

STATE OF MADHYA PRADESH Vs. UMRAO SINGH THAKUR

Decided On February 11, 2011
STATE OF MADHYA PRADESH Appellant
V/S
UMRAO SINGH THAKUR Respondents

JUDGEMENT

(1.) THIS appeal arises from the order of the learned Single Judge dated 6.4.2010 passed in W.P.No.7761/2008(S) whereby by an interim order the learned Single Judge directed the respondent no.3, Collector Damoh, to prepare a budget for payment of salary to the petitioners, if not already done and sent it to the respondent no.1 and the respondent no.1 the State Government through the Secretary in the Ministry of Women and Child Development has been directed to sanction the same and ensure release of the same within a period of one month thereof. It has further been directed that the Collector concerned shall thereafter ensure payment of salary to the petitioners through the office of the respondent Janpad Panchayat.

(2.) SHRI Pathak, learned Deputy Advocate General appearing for the appellant vehemently contended that since the petitioners are not the employee of the State Government and they are working in the project sponsored by the Central Government and appointed and working under the respondent Janpad Panchayat which is the operating agency, the State respondent cannot be fastened with the liability of payment of salary to those employees, i.e. the petitioners. He further submitted that under the Scheme as per staffing pattern earlier there were 20 employees; but subsequently in the year 2003 it is reduced to 9 and, therefore, the payment of salary at the most would be made only to those 9 persons as per the staffing pattern.