BADRI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioners have filed the present petition under Article 226 of the Constitution of India, challenging the orders dated 15.2.2013 and 12.2.2014 issued by the respondents thereby cancelling the order of regularization of the petitioners as well as issued a direction for recovery of the amount which has been paid to the petitioners.

(2.) The petitioners were initially working on the post of Gangmen under the respondents/department. Thereafter, after completion of 25 years of services, the respondents had issued an order dated 13.12.2013 thereby regularizing the services of the petitioners and also granted the benefit of regular pay scale to the petitioners. However, without issuing any notice or without giving any opportunity of hearing to the petitioners, the respondent No.1 had issued the order dated 12.2.2014 thereby cancelling the order of regularization of the petitioners and had also issued an order of recovery of the excess amount paid to the petitioners. Being aggrieved by the said order, the petitioners have filed the present petition.

(3.) The respondents have filed their reply and in the reply the respondents have stated that, as per the Recruitment Rules of the Gangmen, completion of 25 years of services is necessary before regularization of the services. It is further submitted that the State Government had issued an order dated 29.6.2016 stating that those Gangmen, who have completed 25 years of services on 31.12.1990 are entitled to be regularized w.e.f. 01.1.1998 and for the said purpose the State Government had created 318 posts in the work charged establishment. At that time, the petitioners have not completed 25 years of services, as they have been appointed in the year 1978 and thereafter. As per the Recruitment Rules, the Gangmen, who were appointed prior to year 1996, they should be regularized as per Clause 9.1.1, 9.2.2 and 9.2.3. According to this guideline, a committee is required to be constituted before regularizing the services of the Gangmen. At the time of regularization of the services of the petitioners, the said procedure was not followed. The post on which the petitioners were regularized were not sanctioned and, therefore, in the light of the order passed by the Apex Court in the case of State of Karnataka vs. Umadevi, the order of the de-regularization has been issued.