STATE OF MADHYA PRADESH Vs. SANDHYA TOMAR
LAWS(SC)-2012-12-67
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on December 13,2012

STATE OF MADHYA PRADESH Appellant
VERSUS
Sandhya Tomar Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) This appeal has been preferred against the judgment and order dated 5.11.2008, passed by the High Court of Madhya Pradesh (Indore Bench) in Writ Appeal No.86 of 2007, by which it has affirmed the judgment and order of the learned Single Judge dated 17.7.2006, passed in Writ Petition No.1007 of 2006, by which the learned Single Judge quashed the advertisement dated 16.5.2005, inviting the applications for appointment on the post of Project Director.
(3.) Facts and circumstances giving rise to this appeal are:- A. That the Central Government introduced a scheme for elimination of child labour with respect to which, the Director General of Employment and Training wrote a letter dated 15.7.1995, to the Collector, Khargone (West Nimar) to implement the aforesaid Scheme. In order to give effect, i.e., to implement the said Scheme, a society, namely, the Child Labour Elimination & Rehabilitation Society (hereinafter referred to as the, "Society"), was formed on 12.4.1996 and the Collector became the ex-officio Chairman of the said Society. It appears that in order to appoint the Project Director, certain names requisitioned from the Employment Exchange, were considered and respondent no.1 was selected and appointed temporarily, vide letter dated 8.11.1996 on a fixed salary of Rs.4,000/- per month. Salary of respondent no.1 was increased from Rs.4,000/- to Rs.8,000/- per month vide Order dated 16.7.1999. B. Respondent no.1 joined a post in the Panchayat & Rural Development Department in Zila Panchayat, Indore in pursuance of the order dated 29.7.2003, passed by the Government of Madhya Pradesh. Her services in the Panchayat & Rural Development Department were not required, and she was repatriated vide order dated 29.3.2004 to her parent department. However, respondent no.1 was not permitted to join the Society. The post of Project Director was advertised on 16.5.2005. Thus, respondent no.1 filed a writ petition on 26.5.2005, challenging the advertisement dated 16.5.2005, claiming her right to join the said post. C. The appellants contested the writ petition on various grounds, however, the writ petition was allowed by the learned Single Judge vide order dated 17.7.2006. Aggrieved, the appellants filed a writ appeal, which stood dismissed vide impugned judgment and order dated 5.11.2005. Hence, this appeal. ;


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