BHOGIRAM KUSHWAHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed this petition praying for a direction to the respondents to revise his PPO with counting service rendered by him from 1/9/1985 or from 19/12/1989 till 16/2/1999 as service rendered in contingency establishment. He prayed for a direction to the respondents to re-fix his pay and recalculate the entire retirement dues including pension and gratuity on the basis of entire past service rendered with respondent department and to make payment of revised pension and gratuity with interest.

(2.) The petitioner claims that he was initially engaged on daily wages with effect from 1/6/1983 in Forest Range, Gwalior. He was then appointed as Tendupatta Forest Guard for the period from 1/8/1984 to 25/8/1984 in pay scale of 400-525 vide order, dtd. 10/9/1984 (Annexure P/2). After break of about one year, he was again appointed for the period from 1/7/1985 to 31/8/1985 in the same pay scale vide order, dtd. 1/7/1985 (Annexure P/3). The petitioner asserts that he was again reverted to the position of daily wager with effect from 1/9/1985.

(3.) It is the case of the petitioner that when he applied for regularisation of service the Conservator of Forest appointed him on post of Chowkidar and he was paid from contingency fund of department. It is his allegation that others were regularised in service, but he was not given the said benefit. He lodged a complaint in this regard before Assistant Labour Commissioner, Gwalior (Annexure P/8)claiming relief of regularisation of service.