RAJENDRA SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) Regard being had to the similitude of the facts and issues involved in the present case, the same are being disposed of by the common order.

(2.) For the sake of convenience, facts are noted from WP No.1436/2022.

(3.) The facts of the case are that the petitioner was initially appointed on daily wages basis(Collectorate) on the post of Peon w.e.f. 9/3/1998, by an order dtd. 1/6/1992 issued by Respondent No. 4 and, thereafter, the petitioner worked till 16/8/1994. in the year 2000, pursuant to a Policy Decision of the State Government for terminating the services of all such daily rated employees who were appointed after 31/12/1988, the services of the petitioner were also terminated. However, upon a Policy Decision being taken by the State Government, dtd. 21/1/2004 read with Circular dtd. 12/4/2004, 13/4/2004, 19/4/2004, the petitioner was reinstated back in service on the post of Chowkidar and was posted in ICDS, Tonkkhurd, District Dewas by an order dtd. 27/8/2004 issued by Respondent No. 3. When the case of the petitioner despite his eligibility, upon completion of 10 years of service was not been considered for regularization, on the post of Peon/Chowkidar, the petitioner alongwith other daily rated employees had approached this Court by filing W.P. No. 7901/2011 and this Court by an order dtd. 1/10/2011 disposed of the aforesaid-writ petition with a direction to consider the case of the petitioner for regularization in terms of the Circulars issued by the State Government in this regard, within a period of 6 months from the date of receipt of the certified copy of order. The Directorate of Women and Child Development, Bhopal in its letter dtd. 22/11/2011 addressed to Respondent No.4 directed to ensure compliance of the order passed by this in W.P. No. 7901/2011 at an early date. By treating the petitioner's services w.e.f. 9/3/1998, he was sanctioned a sum of Rs.1500.00 as additional allowance per month w.e.f. 30/5/2013, by an order dtd. 30/7/2013 issued by Respondent No.4, vide Sr. No. 6. The Respondent No. 4 by an order dtd. 9/12/2016 issued pursuant to Circular dtd. 7/10/2016 has conferred upon the petitioner status of "Sthayi Karmi' and sanctioned him pay scale of Rs.4000.007000/- under unskilled category w.e.f. 1/9/2016. But while calculating the amount payable to the petitioner after fixation of his pay in the payscale of Rs.4000.007000/-, the petitioner's services rendered by him w.e.f. 27/5/1992 to 16/8/1994 i.e. two years three months has not been considered. As a result of aforesaid in the matter of recording of wrong date of initial appointment, the petitioner is being paid less regular monthly salary right since 1/9/2016 till date after his classification as Sthayi Karmi.