STATE OF M.P. Vs. RAM BAHADUR YADAV

JUDGEMENT

(1.) The petitioner State of M.P. has filed this present writ appeal against the judgment dated 12-04-2018 passed in Writ Petition No. 2782/2009 (Ram Bahadur Yadav Vs. State of M.P. and others). The respondent in the present Writ appeal Ram Bahadur Yadav was appointed in the year 1993 on the post of Attendant on temporary basis for a period of 89 days. By order dated 22-12-1993 the Principal Government Arts and Commerce College, Indore appointed him as Peon in Library on a fixed honorarium of Rs. 450/- per month and payment was to be made from local funds. The period was extended from time to time and the petitioner continued in service without any blemish for almost twelve years. After completion of twelve years he submitted a representation claiming regularization and as nothing was being done he preferred a writ petition before this court and the same was registered as Writ Petition No. 17191/2009 and this court by an order dated 23-03-2009 again directed the petitioner to submit a detailed comprehensive representation and the employer was directed to decide it. The employer instead of deciding his representation terminated the services of the petitioner. He was orally told not to come on duty. The employer also stopped allocating work to him. He was prevented from marking his attendance and in those circumstances he came up before this court in the year 2009.

(2.) Return was filed by the State Government and it was denied by the State that he has worked continuously for a period of fifteen years as daily rated worker and it was stated by the State Government that work was allotted to him in the Library and he use to clean the rooms, he use to assist the staff of the college and he has been paid wages as a daily rated employee. The State came up with a plea that the appointment of the employee was not under the provision of M.P. Class-IV Recruitment Rules, 1997 and therefore the question of granting him regularization against the post of Library Attendant does not arise. The respondents as usual took shelter of the judgment delivered in the case of Secretary,State of Karnataka v. Umadevi [(2006) 4 SCC 1].

(3.) Rejoinder was also filed in the matter and it was brought to the notice of the learned Single Judge that salary upto March, 2009 was credited in the account of the employee. Learned Single Judge as the respondent before this court was terminated and was not granted the benefit of regularization however, has directed reinstatement as a daily wager employee. Learned Single Judge in paragraphs 7 to 9 has passed the following order :-