Tribal Welfare Department vs Heeralal Yadav

Heard on IA No. 5066/2015 (filed in W.A. No. 429/2015), IA No. 5072/2015 (filed in W.A. No. 432/2015) and IA No. 5074/2015 (filed in W.A. No. 434/2015) an application for condonation of delay and also on the question of admission.

These bunch of appeals have been filed by the State against the order passed in the Writ Petition whereby learned Writ Court disposed of the Writ Petition by holding that the direction issued in the matter of Kailash Chandra Vs. State of M.P. and others by the Division Bench of this Court will apply mutatis mutandis in the present bunch of Writ Appeals and directed the appellants to examine the case in the light of aforesaid directions within a period of three months from the date of receipt of certified copy of this order.

Brief facts of this case are that, respondent was appointed as a daily wager on the post of Peon on fixed wages as per Collector''s guideline on 30.09.1992. They had filed Writ Petition No. 1914/12(S), WP No. 3132/2012 and WP No. 5426/10 (s) for consideration of their case for grant of regular pay scale as per Circular dated 17.03.1978.

On 16.5.2012, 28.3.2012 and 5.3.2012, the said Writ Petition was decided with direction to consider their case for grant of regular pay scale in the light of earlier judgment passed in the matter of Sukhlal Vs. State of M.P. and others. By order dated 24.05.2014 the appellants/State have granted regular pay scale to the respondent.

On 22.07.2014, he filed Second Writ Petition i.e. W.P. No. 5358/2014 seeking modification of order dated 24.05.2014 issued by the appellant No. 2 to the extent that the benefit of regular pay scale be granted to the respondent from the date of the respondent''s entitlement i.e. on the completion of period of 5 years. It is also stated that the identical benefit has been granted to the other similarly situated employees.

Considering the aforesaid, learned Single Judge disposed off the Writ Petition by order dated 16.01.2015, relevant part of the judgment reads as under:-

"When the matter has taken up today, learned counsel for the petitioner submits that in identical case i.e. in W.A. No. 359/2010 in the matter of Kailash Chandra vs. State of M.P. & others, the Division Bench vide order dated 10.04.2014 has issued certain directions, therefore, the petitioner is also entitled for the same directions in the present case.

Learned counsel for the respondent/State has not disputed the aforesaid aspect of the matter.

The Single Bench of this court in the matter of Kailash Chandra Vs. State of MP & others passed in W.P. No. 4327/2009(s) by order dated 26th August, 2010 had held as under:-

"8. Resultantly, the writ petition is allowed. The respondents are directed to consider the case of the petitioner afresh for grant of regular pay scale, on completion of five years service, keeping in view the executive instructions dated 17.03.1978 of the Finance Department of the State Government. Not only this, the respondents shall also take into account their earlier order dated 14.05.1996, which has been upheld by the Division Bench of this Court in Writ Appeal No. 128/2006, while considering the case of the petitioner for grant of regular pay scale. In case, the respondents arrive at the conclusion that the petitioner is identically placed person and is entitled for grant of regular pay scale, on completion of five years service, the respondents shall grant all consequential benefits to the petitioner, by fixing the pay etc. of the petitioner notionally. The petitioner shall also be entitled for arrears of pay fixation from the date of filing the present writ petition. The respondents shall conclude the exercise of considering the case of the petitioner within a period of six months from the date a certified copy of this order is received."

The Division Bench of this Court in the matter of Kailash Chandra vs. State of M.P. & others had issued following directions:-

"Having gone through the order passed by the Division Bench of this Court in the case of Dhanubai in W.A. No. 85/2011 decided on 27.08.2011 (supra), we find that the order passed by the learned Single Judge deserves to be modified to the extent that "in case the respondent arrives at a conclusion that the petitioner is an identically placed person and is entitled for grant of regular pay-scale on completion of 5 years services, the respondent (appellant herein) shall grant all consequential benefits from the date of entitlement and not from the date of filing the present writ petition."

Keeping the view the above undisputed position, the present writ petition is disposed of by holding that the directions issued in the matter of Kailash Chandra (supra) by the Division Bench of this Court will apply mutatis mutandis in the present case and the respondent will examine the petitioner''s case in the light of the aforesaid directions within a period of three months from the date of receipt of certified copy of this order.

Signed order be kept in the record of W.P. No. 5358/2014 and the copy thereof be kept in the file of the connected writ petition."

Learned Counsel for the appellants/State has submitted that in the matter of Kailash Chandra Vs. State of M.P. and others in W.P. No. 5355/2014 an order was passed for their regularization and for grant of regular pay scale and thereafter the same was withdrawn and therefore the ratio decided by the Division in Kailash Chandra Vs. State of M.P. will not be applicable in the present facts and circumstances of the case.

Considering the aforesaid so also the fact that learned Writ Court disposed of the Writ Petition by directing the appellants to examine the case of the respondent in the light of the Division Bench decision of Kailash Chandra (supra) within a period of three months from the date of receipt of certified copy of the order. The entitlement of benefit as granted in the other identical cases.

We are of the view that there is no legal error in the impugned judgment. The State will examine the matter in the light of ratio decided by the Division Bench in the case of Kailash Chandra (supra) within a period of three months from today. No case for interference with the impugned order as prayed is made out all the Writ Appeals (WA No. 429/15, WA No. 432/15 and WA No. 434/15 as well as IA Nos. 5066/2015, IA 5072/2015 and IA 5074/2015 respectively are accordingly dismissed.

Let a copy of this order be retained in all connected Writ Appeals.