ROOPCHAND NIRMALKAR. Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed the present writ petition challenging the orders dated 26.06.2013 and 22.06.2013 passed by the respondent No.3, thereby cancelling the order of regularisation of the petitioner.

(2.) The petitioner was initially appointed on the post of Section Writer on 09.06.1997 on temporary basis. The appointment of the petitioner was made by the constituted selection committee. Similarly situated employee have filed Original Application before the Tribunal for regularisation of their services on the post of Lower Division Clerk. The said application was allowed by the Tribunal on 02.12.1994 with direction to the respondents to regularise the services of Section Writer. The petitioner being similarly situated employee has also filed writ petition No.102/2010 before this Court. The said writ petition was disposed of vide order dated 08.01.2010 directing the respondents to consider the case of the petitioner for regularisation on the post of Lower Division Clerk as per the order passed in the case of Rambahadur Sharma. Being aggrieved by the order passed by Single Bench, the State Government has preferred a writ appeal No.1202/2010 before the Division Bench of this Court. The said writ appeal was dismissed vide order dated 15.12.2010, however, the order was modified to the extent that the case of the petitioner be scrutinized in light of the judgment passed by Apex Court in the case of State of Karnataka Vs. Uma Devi. Thereafter the State Government preferred a SLP before the Apex Court, which was also dismissed on 17.08.2012. After dismissal of SLP, the respondents have passed the order dated 16.04.2013 thereby regularising the services of the petitioner as Lower Division Clerk. Since then, the petitioner continued to work on the post of Assistant Grade-III as Section Writers. The case of the petitioner for appointment on the post of Assistant Grade-III was forwarded to the State Government. The Principal Secretary of Revenue Department by its letter dated 31.05.2013 has directed the Commissioner to cancel the appointment of the Section Writers on the post of Assistant Grade-III. In pursuance of the directions issued by the Principal Secretary, the Collector vide order dated 26.06.2013 has canceled the appointment order of the petitioner on the post of Assistant Grade-III. Being aggrieved by that, the petitioner has filed a writ petition No.12102/2013. The said writ petition was allowed by this Court vide order dated 31.07.2013. While allowing this writ petition, this Court has directed the respondents to give an opportunity of hearing to the employees concerned. Thereafter, in pursuance of the directions issued by this Court, the respondents have passed the order dated 22.02.2014 thereby cancelling the appointment order of the petitioner on the post of Assistant Grade-III. Being aggrieved by that order, the petitioner has filed the present writ petition.

(3.) Learned counsel for the petitioner submits that the impugned order is illegal, arbitrary and violative of principles of natural justice. It is submitted that while disposing of the writ petition No.12102/2013, the respondents were directed to give opportunity of hearing to the petitioner. However, in the present case, no such notice was issued to the petitioner before passing the impugned order. So far as the appointment on the post of Lower Division Clerk is concerned, learned counsel for the petitioner submits that the petitioner has been appointed by duly constituted selection committee on vacant post. The petitioner posses the requisite qualification for holding the said post. Learned counsel for the petitioner submits that the respondents have regularised the services of number of Section Writers, who are working in different district. Thus, the action of the respondents amounts to discrimination being violative of Article 14 of Constitution of India.