RAJESH KHARE Vs. STATE OF M.P.

JUDGEMENT

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

(2.) It is submitted by the Counsel for the petitioner that the petitioner was appointed on the post of Sweeper by order dtd. 5/3/1993 at the Collectorate rate. It is further submitted that the petitioner was not regularized and ultimately he has been granted benefit of Viniyamitikaran Scheme floated by the State in the year 2016 and has been declared as Sthaikarmi. It is submitted that by order dtd. 24/7/2017 (Annexure P/7), he has been granted pay scale of Rs.4,000.0080-7,000/-. However, the petitioner is being paid monthly salary of Rs.5,680.00 ie 4000+1680 whereas he should have been paid salary in accordance to the pay scale of Rs.4,000.0080- 7,000/-. It is further submitted that in fact, the petitioner is entitled for regularization.

(3.) Per contra, it is submitted by the Counsel for the State that so far as the prayer of regularization is concerned, it is not the case of the petitioner that his initial appointment was irregular or illegal. Even from the order of his initial appointment, it appears that the said appointment was made without inviting applications from the general public by issuing a general advertisement. Thus, it is clear that the initial appointment of the petitioner was illegal and in the light of the judgment passed by the Supreme Court in the case of Secretary, State of Karnataka and others vs. Uma Devi (3) and others, reported in (2006) 4 SCC 1, the employees who had succeeded in getting back door entry in the government employment cannot be regularized as the same would be violative of Article 14 and 16 of the Constitution of India and the illegality cannot be perpetuated in such a manner. So far as the question of payment of pay scale of Rs.4,000.0080-7,000/- is concerned, the Counsel for the respondent by referring to the order dtd. 24/7/2017 (Annexure P/7) submitted that, it is specifically mentioned in the said order that the petitioner would be entitled for the pay-scale of Rs.4,000.0080- 7,000/- and accordingly his salary was fixed at Rs.4000.00+1840 =5,840/- as on 1/9/2016. Thus, it is submitted that the petitioner is being paid the salary as per the scale admissible to the Sthaikarmi, and therefore this petition sans merits.