RAM SEWAK SHAKYA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India seeks a direction to the respondents to declare the result of the petitioner of the Limited Departmental Examination (LDE), held on 20.05.2013, and to issue the appointment order on the post of Sub-Engineer (Civil) w.e.f. 31.05.2013, the date when other similarly situated persons were appointed.

(2.) Shri B.P. Singh, learned counsel for the petitioner submits that the petitioner was initially appointed as a daily wager on 25.09.1991. He worked as a pump driver. The said post was re-designated as time keeper. The petitioner was classified as permanent employee on the post of Time Keeper by order dated 27.11.2004 but he was not given pay scale on the permanent post of Time Keeper. The classification order was made effective from 26.02.1995 (Annexure P-1). The petitioner filed W.P. No.643/2010 seeking difference of wages from the date of classification i.e., 26.02.1995. This court by order dated 10.05.2011, Annexure P-2; decided the said petition and directed that the petitioner shall get the benefit of classification as permanent employee from the date of classification order and not for the earlier period. This order was challenged by the respondents by filing Writ Appeal No. 16/2012 which was dismissed on 13.01.2012. The respondents then filed S.L.P. (C) No (s).23983/2012, challenging the aforesaid orders of this court. In the meantime, by gazette notification dated 24.11.2011 (Annexure P-3), the department amended the recruitment Rules of 1976. The petitioner treating himself as eligible candidate submitted his candidature for the post of Sub-Engineer (Civil). The petitioner's application was forwarded by the respondent No. 5. The document dated 03.12.2012 shows that the department treated the petitioner as permanent Time Keeper w.e.f. 26.02.1995. By order dated 10.12.2012 (Page 28), the petitioner's case was recommended for consideration. Another recommendation was made on 15.01.2013 (Annexure P-6). An experience certificate dated 31st December, 2012 was issued certifying that the petitioner is working since 25.09.1991 and he has experience of 21 years.

(3.) In the meantime, the aforesaid SLP was listed before the Supreme Court. The Supreme Court passed an interim order on 17.05.2013. This order reads as under:-