RAKESH KUMAR GARG Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) CALLING in question tenability of an order -dated 17.4.2012, passed by the writ Court in W.P. No. 5433/2012, in granting contract appointment to respondent No. 4 as an Executive Engineer in the National Rural Health Mission, this writ appeal has been filed.

(2.) APPELLANT is working as an Assistant Engineer in the office of Joint Director, Health Services and respondent Shri R.G. Agrawal was also working in the department. Shri R.G. Agrawal retired from service and after retirement as he has been granted contract appointment as an Executive Engineer in the National Rural Health Mission, appellant challenged the appointment mainly on the ground that Shri R.G. Agrawal does not fulfil the criteria laid down in accordance to the Policy - Annexure P/1 dated 3.9.2011, issued by the State Government for granting contract appointment to retired employees.

(3.) TAKING us through the requirement of the Policy - Annexure P/1, it was tried to be emphasized that Shri R.G. Agrawal does not fulfil the conditions. That apart, the advertisement for appointment to the post - Annexure P/2 dated 25.1.2011, was referred to say that only a Graduate Engineer was entitled to seek appointment and as respondent Shri R.G. Agrawal was only a Diploma Engineer, his appointment contrary to the requirement of the advertisement was unsustainable.