RAMNATH AHIRWAR Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner, a Scheduled Caste candidate, was appointed on contingency on the post of Assistant Engineer vide order dated 5.10.1992 (Annexure P/4) on the basis of interview after his name being sent through the Employment Exchange and is working as such. He has approached this Court seeking quashment of order dated 10.3.2011 (Annexure P/1) passed by Municipal Corporation, Sagar, minutes of the Scrutiny Committee dated 3.3.2011 (Annexure P/2) and resolution of the Mayor-in-Council passed in a meeting held on 9.3.2011 (Annexure P/3) with further relief for regularization of his services with effect from the date of earlier resolution, recommending his regularization with arrears of salary and interest.

(2.) The initial appointment dated 5.10.1992 was with the approval of the Administrator dated 30.9.1992 (Annexure P/4) for a period of 89 days on a fixed remuneration of Rs.981/- per month. Thereafter, on 3.1.1995 (Annexure P/5), by another decision of the Administrator, petitioner was granted regular pay scale in contemplation of sanction of the State Government in the pay scale of Rs.2000-3500.

(3.) It may be mentioned that there are two sanctioned posts of Assistant Engineer and one post out of two is reserved for Scheduled Caste category. Petitioner's appointment is against such vacant post. There is no dispute that the petitioner is continuing in service since 1992.