ALAM SINGH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution, takes exception to the order dated 31.09.2009 (Annexure-P/16), whereby the claim of the petitioner to regularize him on the post of Assistant Grade III is rejected by the respondents.

(2.) Briefly stated, the facts are that the petitioner has passed the Higher Secondary Examination in 1979, B.Com in the year 1982 and M.Com in the year 1984. Thereafter, he passed English Typing Examination, M.P. on 11.11.1990. He was initially appointed for 89 days on daily rated basis as a Bellboy (Annexure-P/4). The petitioner belongs to OBC category. Since petitioner possesses the qualification, which is required for the post of Assistant Grade III/LDC, the petitioner was entrusted the work of LDC.

(3.) Shri Hemant Shrivastava, learned counsel for the petitioner submits that although the petitioner was appointed against a Class IV post of Bellboy, in fact, the respondents continuously extracted the work of daily wager LDC from him. The petitioner has placed reliance on the documents filed as Annexure-P/8, P/9 and P/9A in this regard. The contention of the petitioner is that as per circular of the Government dated 16.05.2007, the employees should be regularized on the post for which he possess the educational qualification.