RAMSWAROOP SHRIVAS Vs. STATE OF MP

JUDGEMENT

(1.) The petitioner before this Court has filed this present writ petition claiming salary of post of Clerk. His contention is that he was appointed on 27.2.1986 as daily wager and one Ku. Mamta Bhadoriya was appointed on 3.9.1986. The petitioner has further stated that he has been classified as permanent by an order dated 15.10.2004. The petitioner has also stated that a list was prepared by the respondents of the daily wagers wherein his name finds pake at serial No. 6 and the date of appointment is 27.2.1986. He has further stated that in the same list the date of appintment of Ku. Mamta Bhadoriya is 03.09.1986. The petitioner has further stated that Ku. Mamta Bhadoriya was also classified as permanent. The petitioner has further stated that by an order dated 7.5.2005 Ku. Mamta Bhadoriya has been extended the benefit of regular pay scale whereas the benefit of regular pay scale has not been extended to the petitioner. His grievance is that he is identically placed person like Ku. Mamta Bhadoriya and he was appointed much prior to her and therefore he is also entitled the same benefit which has been conferred to Ku. Mamta Bhadoriya.

(2.) A reply has been filed on behalf of the respondents and it has been stated that the petitioner was initially appointed as daily wager and a writ petition was preferred on behalf of daily wagers before this Court which was registered as W.R No. 894/2004 (Nirrnan Karamchari Vyavsayua Sangh, Gwaliorv. State of M.P. & Others.) The same was decided on 14.8.2002. This Court while deciding the aforesaid case has directed the Labour Commissioner, Government of Madhya Pradesh, Indore to take appropriate action in the matter and thereafter, an order was passed by the State of Madhya Pradesh classifying the petitioner as permanent. The respondents have stated that Annexure P/1 dated 15.10.2004 has been passed as per the provisions of Madhya Pradesh Industrial Employment (Standing Orders) Rules, 1963 and the petitioner is being paid wages accordingly. Not only this, the respondents have further stated that the petitioner is not eligible for holding the post of clerk as the minimum qualification required for the post of clerk is Higher Secondary and a person must have passed typing examinaion also. The respondents have further stated that the benefit of regular pay scale has been extended to Ku. Mamta Bhadoriya on account of an order passed by the apex Court in SLP No. 921/2004 decided on 6.2.2004. The respondents have prayed for dismissal of the present writ petition.

(3.) Heard learned counsel for the parties at length and perused the record.