K M MISHRA Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner was appointed as daily waged Junior Engineer vide order dated 30.09.1980 (Annexure A-1) at Bawanthadi Project, Division No.1 under the Water Resources Department of the Government of Madhya Pradesh.

(2.) The petitioner claims that as his performance was found to be very satisfactory the Superintending Engineer of the Department recommended his case for appointing him as Adhoc Assistant Engineer vide letter dated 22.8.1984 (Annexure A-3). However, the petitioner was not regularized and was continued as daily wager. Feeling aggrieved he filed a Miscellaneous Petition No.1889/1985 before this Court. The said Miscellaneous Petition was allowed by this Court vide order dated 25.10.1986 directing the respondents to consider the petitioner for being appointed as a regular Assistant Engineer in view of the M.P. Regularization of Adhoc Appointment Rules, 1986.

(3.) The said order passed by the Division Bench was assailed by the respondents by filing a Special Leave Petition before the Supreme Court. The said Special Leave Petition was dismissed on 2.11.1987. Thereafter, the petitioner's case for regularization was considered by the respondents and vide order dated 30.12.1987 (Annexure A-7), the petitioner was regularized on the post of Sub Engineer. In the meanwhile, the petitioner filed a Contempt Petition (M.C.C.No.235/1987) before this Court and this Court accepting the stand taken by the respondents that the petitioner's case was considered for regular appointment and after due consideration he was regularized on the post of Sub Engineer vide order dated 30.12.1987, dismissed the contempt petition vide order dated 29.3.1990 with liberty to the petitioner to take any legal action in support of his claim for regularization/promotion to the post of Assistant Engineer separately.