AKRAM JAFRI Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH
STATE OF MADHYA PRADESH
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Prakash Shrivastava,J. -
(1.) By this writ petition, the petitioners have prayed for a direction to the respondents to continue them in service and have further prayed for a direction to treat them regular employees. The further relief has been prayed to reinstate them in service forthwith on regular basis treating them to be a duly selected candidate.
(2.) The case of the petitioners is that they were selected and appointed on the post of Stenographer-3 on contract basis in pursuance to the advertisement dated 07.10.2012. The petitioners were posted in various District Courts and their contract period was extended from time to time. The petitioners No.2, 3 & 4 had filed Writ Petition No.5624/2015, which was disposed of by this Court with certain observations. Further case of the petitioners is that similarly situated employees in other departments of the State have been regularized or have been continued on contract basis but the services of the petitioners have been put to an end with effect from 29.09.2018. The petitioners had earlier filed Writ Petition No.29471/2018 but in view of the return filed by the respondents, they had withdrawn the writ petition by order dated 25.02.2020 with liberty to file a fresh petition and thereafter the present writ petition has been filed.
(3.) The submission of learned counsel for the petitioners is that the appointment of the petitioners was after following the due recruitment process, therefore, they were the regular employees and their services ought to have been regularized. In support of his submission, he has placed reliance upon the judgments of the Supreme Court in the matter of Yogesh Mahajan Vs. Professor R.C. Deka, Director, All India Institute of Medical Sciences , 2018 3 SCC 218 and State of Jammu and Kashmir and others Vs. District Bar Association Bandipora , 2017 3 SCC 410.;
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