LAXMAN BARDE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THESE petitions are taken up together since they arise out of the same cause of action and shall be regulated by this common order.

(2.) BRIEFLY stated the facts of the case are that in this petition, petitioner is appointed on the post of waterman on 01.08.1989 and working on the same post whereas in Writ Petition No.13759/2013 the petitioner was working on the post of cook from 16.05.1994; and since then petitioners services were regularized after completion of five years in the contingency service by order dated 14.05.1996 and they were entitled to pay scale of Rs.750 -945/ -, thereafter, their regularization was cancelled vide order dated 08.10.2004 and the same was challenged by some of the employees before the High Court in Writ Petition No.1512/2004 [Baliram Baghel v. The State of M.P. & others and other connected writ petitions]. This Court vide order dated 14.09.2005 had allowed the writ petition and quashed the impugned order dated 08.10.2004. However the petitioners were given a show cause notices dated 08.08.2008 and opportunity of hearing was also given thereafter, fresh adverse order dated dated 07.01.2009 was passed by the respondents. In the meanwhile, the order of Single Judge in Writ Petition No.1512/2004 (supra) was challenged in writ appeal and also S.L.P was filed before the . Supreme Court the petitions of the State were also dismissed by the Apex Court and hence the order had attained finality vide order dated 07.01.2009 which was also challenged and other writ petitioners, demanded that benefits accrued to the petitioners, from 14.05.1996 till the date when the respondents had taken the fresh decision to be granted to the petitioners. Their claim was however denied by the respondent/State.

(3.) COUNSEL for the petitioner contended that these findings had attained the finality and the benefit be granted to the present petitioners also and they be treated as regular employees without break and benefits of order dated 14.05.1996 be continued by paying the pay scale of Rs.750 -945/ - and corresponding regularization of pay scale be granted to the present petitioners.