STATE OF MP. Vs. MADANLAL PANDEY

JUDGEMENT

(1.) THIS order shall govern the disposal of Writ Petition No. 1389 of 1999 (State of M.P. & others v. Devendra Sharma and others) and Writ Petition No. 1674 of 1999 (State of M.P. & others v. Mahesh Kumar Sharma and others).

(2.) THIS petition is filed by State Government challenging the order passed by Madhya Pradesh State Administrative Tribunal. Respondents, who were engaged on daily wages and are working as daily wagers from the year 1981, applied for their regularisation before the State Administrative Tribunal. They claimed right in view of the circular of the State Government, dated 9.1.1990, for regularising daily wages employees, who are getting their wages from workcharged and contingency fund. The policy of the State Government for regularisation is filed as Annexure A-5 at page No. 34 - Tribunal directed that the cases of regularisation should be considered in terms of the policy of the Government, dated 9.1.1990, within a period of six months from the date of communication of the order. Tribunal further directed that the respondents shall also take up appropriate required steps including one of moving the appropriate authority for creation of new posts for regularisation of services of the applicants in terms of the policy decision dated 9.1.1990.

(3.) ONLY question involved in the case is whether direction of creation of post can be issued by the Tribunal. Para 3 of the policy, Annexure A-5, relates to regularisation of the daily wagers who were working on daily wages upto 31.12.1988. It provides for a screening committee to examine regularisation of daily wagers, which shall be presided over by the Superintending Engineer and will include two Executive Engineers and the list shall be prepared on the Chief Engineer level zonewise and the appointment shall be provided on the post available in the zone and for other departments also the committee shall be presided by the Zonal Officer with two members to be appointed, which shall consider the cases of regularisation under the scheme laid down by the Government.