M P URJA VIKAS NIGAM LTD Vs. RUDRA PRASAD MISHRA

JUDGEMENT

(1.) THE defensibility and legal acceptability of the order dated December 11, 2006 passed by the learned single Judge in W. P. (S) No. 6088/2006 is called in question by the appellants invoking the jurisdiction under section 2 (1) of the Madhya Pradesh Uchcha nayaiaya (Khand Nyaypeeth Ko Appeal)Adhiniyam, 200s (for brevity 'the Act' ).

(2.) THE facts Which are essential to be exposited for disposal of the present appeal are that the respondent had preferred M. P. No. 4589/1993 for issue of a mandamus to the respondents therein to treat him as a Field assistant-cum-Clerk from the date of his joining the service and to extend him all consequential benefits, The said writ petition was allowed in part by the learned single Judge by order dated April 16, 2002, wherein it was directed that the respondents should treat him as regular helper after completion of period of two years from the date he first entered into the contract service. In addition to that a further direction was issued that he should be granted differential of pay for the period subsequent to regularization.

(3.) THE said order came to be assailed in l. P. A. No. 388/2003. The Division Bench on october 23, 2003 passed the following order as under: