LAWS(MPH)-2019-3-116

STATE OF M.P. Vs. VIRENDRA KUMAR SHARMA

Decided On March 15, 2019
STATE OF M.P. Appellant
V/S
VIRENDRA KUMAR SHARMA Respondents

JUDGEMENT

(1.) This appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, is directed against the order dated 04/12/2015 passed in Writ Petition No. 6411/2015.

(2.) The issue is whether an incumbent would be entitled for seniority, regular pay scale, increment from the date of permanent classification or from the date he is regularized in regular service.

(3.) Though there is a delay of 786 days, condonation whereof is being sought vide I.A. No. 2148/2018 and vehemently opposed by the respondent. However, since the issue raised in this Appeal has been settled by Hon'ble Supreme Court and the order under challenge is contrary to the law laid down in Ram Naresh Rawat (supra), the illegality cannot be permitted to perpetrate. We are, therefore, of the opinion, in given facts of present case that, the delay deserves to be and is hereby condoned. I.A. No. 2148/2018 stand disposed of.