Kamlesh Kumar Sharma vs State Of M.P. & Others

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19

outbreak , the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Heard finally with the consent of both the parties.

In this petition under Article 226 of the Constitution of India, petitioner has sought direction to the respondents to grant pay scale of Sub Engineer to

the petitioner and all the arrears of salary in the light of Hon'ble Apex Court and in the light of the order of Labour Court passed in respect of the

petitioner which has attained finality. He has further prayed for all benefits in relation to regularization which is available to the petitioner by virtue of

his clearing the examination of regularization conducted by the respondents.

Brief facts leading to filing of this case are that petitioner was appointed on the post of Diploma Holder Sub Engineer at daily rated with effect from

01/08/1990. He continued to discharge his duties but since the benefits were not granted to the petitioner, therefore, Case No. 34/96 MPIR was filed

before the Labour Court wherein Labour Court allowed the application and directed the respondents to grant the pay scale and classification under the

Provisions of Standard Standing orders. The petitioner was granted benefit of pay scale with effect from 20/01/1994.

Counsel for the petitioner submits that the order passed by the High Court as well as Labour Court attained finality and petitioner has also cleared

examination for the purpose of regularization but till date benefits have not been extended. Similarly situated employees have been extended the

benefits as it is evident from (Annexure P-6). In such circumstances, benefit deserves to be extended to the petitioner.

On the other hand, learned counsel for the respondents-State submitted that though reply has not been filed but at the same time, petitioner has not

represented before the respondents in respect of his claim and approached this Court directly

In such circumstances, petitioner is directed to file an appropriate representation in the light of order passed by the Labour Court as well as High

Court having attained finality.

Taking into consideration the totality of the facts and circumstances of the case, petitioner is directed to file a detailed representation alongwith

necessary documents/judgments before the competent authority (Engineer in Chief/respondent No.2) within a period of 15 days from the date of

receipt of certified copy of the order passed today. If such a representation is filed within the aforesaid period, respondent No.2 is directed to decide

the same in accordance with law and pass a reasoned and speaking order and if it is found that petitioner is entitled for the benefit, the same shall be

extended to the petitioner within a period of three months from the date of receipt of such representation.

This Court has not expressed any opinion on the merits of the case.

With the aforesaid directions, writ petition stands disposed of.