LAWS(MPH)-2021-11-134

BAKHAR HUSAIN Vs. STATE OF M.P.

Decided On November 10, 2021
Bakhar Husain Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) The present petition filed under Article 226 of the Constitution of India prays for the following reliefs:-

(2.) It is submitted that the petitioner was appointed as a daily wage employee to the post of Chokidar in the respondents' department on 1/10/1993. The petitioner has been discharging his duties with honesty and sincerity. The petitioner has been declared as a classified permanent employee on the post of Chokidar by the order of respondent no.4 vide order dtd. 27/11/2004. The classification of the petitioner is intact till now and it has yet not been cancelled or modified. Learned counsel for the petitioner submits that the petitioner is claiming the benefit of classification since from the date of classification i.e. the date on which the benefit of the policy introduced by the State Government was implemented upon the petitioner. The petitioner undertakes that the benefit of policy introduced by the State Govt. has been extended to the petitioner. The law in regard to the benefits flowing from an order of classification is now settled in view of the decision of Apex Court in the case of Ram Naresh Rawat Vs. Ashwini Ray reported in 2017 (Vol 3) SCC 436 and the relevant extract of which is reproduced below for convenience and ready reference:

(3.) Learned Govt. Advocate for the State has no objection in considering the case of the petitioner in case a detailed representation is filed by the petitioner.