DEEPAK KALOSIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By invoking extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, the petitioners have not assailed any specific order; but, seek a direction to the respondents to regularise/grant regular pay-scale on the post of "Safai Karmchari".

(2.) At the outset learned counsel for the petitioners submitted that services of the petitioner no.2 Ashok Verma, who is working on the post of "Tax Moharrir", has been terminated recently and, therefore, he prayed for withdrawal of the writ petition so far as it relates to the petitioner no.2. Accordingly, the petition stands dismissed as withdrawn so far as it relates to the petitioner no.2.

(3.) Brief facts leading to filing of this case are that the petitioner no.1 was appointed on the post of ""Safai Karmchari"" after following the due procedure. The respondent no.4 had issued an advertisement dtd. 25/11/2002 inviting applications for the post of Peon, Tax Moharrir, Pump Operator, Choukidar, "Safai Karmchari" etc. Earlier, the respondent no.4 had passed a resolution in its meeting dtd. 16/7/2002 and according to the resolution the advertisement was to be issued after due permission from the State Govt. As per the sanction letter issued by the State Govt. dtd. 20/2/2001 there were four clear vacant posts of "Safai Karmchari". The petitioner no.1 applied against the clear vacant post and in pursuance to the advertisement dtd. 25/11/2002 the petitioner was appointed as "Safai Karmchari" on contractual basis vide order dtd. 25/1/2003 and since then he is continuing to work as "Safai Karmchari" till date. Thereafter, the appointment of the petitioner was extended from time to time with prior approval of the President-in-Council. Looking to the fact that the petitioner has already put in about 18 years of service as "Safai Karmchari", he made a representation to the competent authority claiming the regularisation as well as regular pay-scale.