Prakash Shrivastava, J. - (1.)Heard finally with consent.
(2.)THE petitioner before this court has filed the present writ petition claiming regular pay scale, after five years' service by virtue of circular dated 17.03.1978.
The contention of the learned counsel for the petitioner is that the petitioner was appointed as a Cook on 6/1/1992 on contingency establishment and wages were required to be paid to her by virtue of appointment order, as per the rates prescribed by the Collector under Minimum Wages Act, 1948. The petitioner has further stated that a circular was issued by the State Government on 17.03.1978 and as per the aforesaid circular, an employee appointed in the contingency establishment on daily wages, was entitled for grant of regular pay scale, on completion of five years' service. The petitioner's grievance is that her case has not at all been considered in the light of the circular dated 17.03.1978. The petitioner has further stated that similar benefit of regular pay scale was conferred to a large number of employees of the same department (68 in number) by an order dated 14.05.1996 and as per the petitioner, at the relevant point of time, she was not having 5 years' service in her credit, her case was not considered. The petitioner has further stated that the respondent/State, though initially, has granted regular pay scale to identically placed persons but withdrew the same on 08.10.2004 and the same was subjected to judicial scrutiny before this court in Writ petition No. 1512/2004 (s) (Baliram Vs. The State of MP and others). This Court vide order dated 14th September 2005 has quashed the impugned order dated 08.10.2004, meaning thereby that regular pay scale to the petitioner therein, was restored. It has also been brought to the notice of this Court that a writ appeal was preferred against the order passed by the learned Single Judge before Division Bench of this Court. In Writ Appeal No. 128/2006, the order passed by the learned Single Judge dated 14th September, 2005 was affirmed, while passing the order dated 11.11.2006. The petitioner has further stated that her case was considered for regularization in light of judgment delivered by the Apex court in case of Secretary, State of Karnataka and others Vs. Uma Devi and others : (2006) 4 Supreme Court Cases 1 and by an order dated 02.02.2009 he has been found fit for regularization. The petitioner has categorically stated that her solitary grievance before this court is that she is entitled for grant of regular pay scale, on completion of five year's service, and therefore, the respondents should have considered her case also, as has been considered in the matter of other daily rated employees, by virtue of circular dated 17.03.1978.

(3.)WHEN the matter is taken up today, learned counsel appearing for the petitioner submits that identical writ petition being W.P. No. 3595/2014 in the matter of Ramkrishan Chouhan Vs. State of M.P. and others has been decided by this Court by order dated 8.5.2014 and certain directions have been issued in the said matter. He has prayed for a similar direction in the present case also submitting that the petitioner also stands on the same footing.