AJAY SINGH Vs. MUNICIPAL CORPORATION, GWALIOR

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution, the petitioner has prayed that the orders dated 16.09.2008 (Annexure P/15) and 15.07.2009 (Annexure P/16) be set aside. It is further prayed that the order passed in W.A.No.226/2006 dated 20.09.2007 be implemented by giving seniority to the petitioner on the post of LDC w.e.f. 25.06.1986.

(2.) Draped in brevity, the relevant facts of the case are that the petitioner was appointed as a daily wager on 21.06.1984. By resolution dated 25.06.1986 (Annexure P/4), it was decided to appoint the petitioner as LDC on permanent basis in the scale of Rs. 515- 800/-. However, on 16.04.1998 (Annexure P/9) the petitioner was regularized in the pay scale of Rs. 950- 1530/-. The petitioner assailed this regularization order in W.P. No.21/1999. This writ petition was decided on 21.06.2006. The writ court directed the respondent to regularize the services of petitioner w.e.f. 25.06.1986 i.e. the date of passing resolution (Annexure P/8). In addition, they were directed to grant seniority and other consequential benefits to the petitioner. This judgment was put to test by respondent No.5 in W.A. No.214/2006. The said writ appeal was dismissed on 20.09.2007. The respondent-corporation also filed W.A.No. 226/2006 against judgment passed in W.P.No. 21/1999 which was disposed of on 20.09.2007 by a consent order.

(3.) The Division Bench directed that present petitioner should be treated as regularized w.e.f. 25.06.1986 and he be given all consequential benefits including promotion except wages. Petitioner shall not be entitled to get seniority over respondents No.2 to 6. A review petition filed against the said order (R.P.No. 276/2009) was dismissed on 16.09.2009. Since order of Division Bench was not complied with, petitioner filed Contempt Petition No.626/2009 which was disposed of on 25.04.2012 by giving liberty to the petitioner to file independent case.