LAKHAN LAL GADEKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner has filed this petition claiming for a direction to the respondent/authorities to regularize his services on the post of Class IV employee in the Tribal Welfare Department and place him at par with Shri Ashok Kumar and Shri Ganpat. By way of an amendment the petitioner has also assailed the order dated 30-7-2008 issued by the respondent/authorities rejecting his representation for regularization.

(2.) IT is submitted by the learned counsel for the petitioner that he was initially engaged after following due procedure prescribed by law on daily wages as a peon in the handicapped quota along with one Ashok Kumar and Ganpat whose names were placed at serial Nos. 1 and 2 of the order of engagement dated 3-11-1987, a copy of which has been filed as Annexure P-2. IT is submitted that subsequently the petitioner was disengaged in November, 1989 on account of the fact that he was arrested and prosecuted for offences punishable under Sections 302 and 397 of the Indian Penal Code.

(3.) IN view of the aforesaid, facts and circumstances it is submitted by the learned counsel for the petitioner that as he was engaged after following the due procedure prescribed by law in the handicapped quota, he is entitled to be re-engaged and regularized on a regular vacant post and is also entitled to the benefits given to the persons engaged with him as he has been acquitted by the competent criminal court.