STATE OF M P Vs. SUKH LAL CHOUDHARY

JUDGEMENT

(1.) THE State and its functionaries have visited this Court assailing the order dated 8-1-99 passed in Original Application No. 1096/99 by the Madhya Pradesh Administrative Tribunal (hereinafter referred to as 'the Tribunal')

(2.) THE facts as have been depicted are that the respondent No. 1 who was the applicant before the Tribunal instituted the aforesaid proceeding seeking regularization in service. The case of the applicant before the Tribunal was that he was appointed as Time Keeper in Development Block, Bohriband, District Jabalpur by order dated 23-1187. The order stipulated that he was to be paid from the contingency fund. Thereafter, his services were terminated vide order dated 22-488. On 16-11-88 another order was issued in favour of the respondent No. 1 appointing him as Work Assistant on temporary basis with effect from 1-11-88. The said appointment letter stipulated that the payment was to be made from the contingent fund of N. R. E. P. /r. L. E. G. P. and it was further stated therein that the appointment would be terminated on the completion of construction work. The respondent No. 1 approached the Tribunal as his salary was not paid and he was not regularised. It was the case of the respondent No. 1 that he was working as time keeper from 24-11-87 to 22-4-88 and as Work Assistant from 23-4-88 to 31-3-89. He enclosed the certificate from the Block Development Officer to justify his working in the job. He placed reliance on the circular dated 30-12-99 by which the State Government had given instructions that Class IV and Class III employees on daily wages or ad hoc basis employed upto 31-12-88 be regularised either in contingency or work charged posts, and if such posts are not available they should be created. It is also stipulated therein that if such employees are not regularised in contingency or work charge establishment then they should be absorbed on regular establishment and if posts are not available they should be created. A procedure was also provided for carrying out the scheme. The present petitioners who were the respondents before the Tribunal took the stand that the applicant was employed for a particular Project which has been completed and now there is no fund and post available.

(3.) THE Tribunal thought it appropriate not to accept the contentions of the functionaries of the State on the ground that the petitioner therein was employed on the ad hoc basis before 31-12-88 and hence, he was entitled to he considered for regularisation in terms of Government circular dated 30-12-89. Accordingly, it directed that the case of the respondent No. 1 should be considered in terms of Government order dated 30-12-89 by the petitioners herein within a period of three months from the date of receipt of the order passed by the Tribunal. A further direction was given for payment of salary upto 30-6-90.