LAWS(MPH)-2019-3-117

STATE OF M.P. Vs. SURESH CHANDRA OJHA

Decided On March 15, 2019
STATE OF M.P. Appellant
V/S
Suresh Chandra Ojha Respondents

JUDGEMENT

(1.) There is a delay of 149 days in filing this appeal, condonation whereof is being sought vide IA.2208/2017. No-one appears for the respondent to oppose the condonation. Even otherwise, the circumstances which prevented the appellants from filing the appeal within limitation sufficient cause is made out. Consequently, delay condoned. IA.2208/2017 stands disposed of.

(2.) In appeal, challenge is to the order dated 02.08.2016 passed in Writ Petition No.3293/2011; wherein, learned single Judge construing the permanent classification under Standard Standing Order to mean permanent appointment in regular establishment has directed for grant of increment from initial date of engagement i.e. from the date the petitioner was engaged in daily wages i.e. 20.09.1994.

(3.) However, and as rightly stated on behalf of the appellants that, the issue is no more res integra and has been settled at rest by Supreme Court in "Ram Naresh Rawat Vs. Ashwini Ray and Ors [(2017) 3 SCC 436]"; wherein, it is held:-