RASHID ALI Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed this present petition claiming parity with the persons who were appointed as Process Server in other districts. Learned counsel for the petitioner has straight away drawn the attention of this Court towards the judgment delivered by a co-ordinate Bench of this Court in a batch of writ petitions ( Rakesh Sharma vs State of M.P .) decided on 10.08.2016 and his contention is that, in the aforesaid case identically placed Process Servers were regularized and the order deregularizing them was set- aside by this Court with certain observations. The judgment delivered by this Court in paragraph 2 to 9 reads as under:

(2.) The brief facts are taken from W.P No.3442/2016. The petitioner was initially appointed as Process Server on 25/01/2001. The petitioner was served with different orders by Sub Divisional Officer for the purpose of his working which are cumulatively filed as Annexure P-1.

(3.) Shri Navneet Dubey, learned counsel for the petitioner submits that pursuant to the directions given by this Court,circular dated 19/10/2005 (Annexure P-2) was issued. This circular is followed by another circular dated 16/01/2006 (Annexure P-3). The respondents pursuant to the said circular convened meeting of screening committee for the purpose of regularizing the services of the petitioners on the vacant post of Peon. The Screening Committee recommended in favour of the petitioner and accordingly by order dated 08/02/2010 (Annexure P-4) the petitioners were regularized as Peon in the pay scale of 4400-7440. It is submitted that all the petitioners have requisite qualification to occupy the post of Peon. It is pointed out that another circular dated 17/12/2008 (Annexure P-7) was issued by the Department. By this circular (Annexure P-7), earlier circular dated 19/10/2005 (Annexure P-1) and 29/05/2005 are cancelled. However despite cancellation of said circulars, new guidelines are brought into force by circular dated 17/12/2008 (Annexure P-7). Thereafter another circular dated 19/08/2010 (Annexure P-8) is issued whereby all the Collectors were directed to cancel the regularization orders. The same is followed by a notice dated 18/12/2013 and petitioners were directed to be removed. The petitioners assailed the said notice in which was disposed of by this Court on 12/02/2015 (Annexure P-10). The respondent no.2 have issued show-cause notice dated 07/04/2015 (Annexure P-11) to the petitioners. The petitioner submitted his reply on 13/04/2015 (Annexure P-12). The respondents in the meantime, filed Review Petition No. 603/2015 against the order passed in W.P. No. 13837/10 (S). This court passed an order and clarified it's earlier order, which is reproduced in order dated 19/01/2016 (Annexure P-14). Shri Dubey further contended that pursuant to the order dated 19/01/2016, the respondents passed impugned order dated