AMIT SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition has been filed by the petitioner who is posted as Field Worker at District Malaria Office, District Sagar. He is aggrieved by the order dated 3.7.2017 (Annexure P/10) whereby his services have been terminated and on account of his illegal appointment recovery is also directed against him of the salary which has been paid to him.

(2.) In brief the facts of the case are that the petitioner was appointed as a Field Worker in District Malaria Office, District Sagar on Collectorate rates vide order dated 16.8.2013 and took the charge of the aforesaid post w.e.f 19.08.2013 whereby the Respondent No. 3 has provided regular pay scale of Rs. 4,440-7,440 to the petitioner vide order dated 19.02014. The petitioner's services were terminated vide order dated 29.03.2014 by the Chief Medical and Health Officer and subsequently, on his representation the order dated 29.03.2014 was quashed vide order dated 10.04.2014 and the services of the petitioner were restored. Thereafter on 20.05.2014 respondent No. 3 again quashed the order of appointment of the petitioner and other persons, which was challenged by similarly situated persons Devendra Kumar Choubey and Abhishek Yadav by filing W.P. No. 3453/2016, which is still pending. Subsequently, vide order dated 28.01.2015, respondent No. 3 again recalled the order dated 20.05.2014 and provided appointment to the petitioner on the post of field worker vide order dated 16.8.2013. Subsequently, on 206.2017 a show cause notice was issued to the petitioner, reply whereof was also filed by the petitioner and vide order dated 3.7.2017 the services of the petitioner were again terminated and a recovery was also initiated through order dated 3.7.2017 (Annexure P/10), against which this petition has been filed. It is further submitted by the petitioner that he was not provided with any enquiry report nor any department enquiry ever took place.

(3.) In the return, the respondents have submitted that the petitioner was appointed as field worker in District Malaria Office, Sagar on collectorate rate by order dated 16.8.2013 and took charge on the said post w.e.f. 19.08.2013 and, thereafter on 19.02.2014, the petitioner was provided regular pay scale by the CHMO. Thus, within a period of six months, the services of the petitioner have been regularized which defies the provisions of law as also the circular dated 02.11.1993 (Annexure R/1) wherein certain criteria have been prescribed for regularization of the services of daily wager employees in work charge and contingency paid establishment viz. in the Health Department. In the aforesaid Circular dated 02.11.1993 a Scrutiny Committee has been constituted comprising of senior officers who would recommend the regularization of the services of the daily wager employees in the work charge and contingency paid establishment. It provided in the said circular that a daily wager employee who has completed 3 years of service or more may also be considered by the Committee and in the present case, the petitioner was regularized within a period of six months which is clearly in violation of the aforesaid circular and apart from that, his case was also not placed before the Scrutiny Committee, thus regularization of the petitioner being dehors the aforesaid Circular could not have been sustained and the petition is liable to be dismissed. It is further submitted that no sooner the discrepancy came to the knowledge of the higher authorities that the case of the petitioner was never placed before the Scrutiny Committee, the order of regularization of the services of the petitioner was cancelled by order dated 20.05.2014. It is further submitted that an opportunity of hearing was also given to the petitioner and only after being satisfied that the petitioner's regularization was totally illegal, the order of recovery has also been passed against him. Thus, it is submitted that the petition be dismissed.