Haluka vs State of M.P. and others

Hon''ble Shri Justice Sujoy Paul

The brief facts necessary for adjudication of this matter are as under:

The petitioner was a daily wager, who was classified as permanent employee by the department vide Annexure-P/2 dated 07/08/2006. The petitioner is aggrieved by order dated 30/04/2011, whereby he was treated as a daily wager and is accordingly retired on attaining the age of 60 years.

Shri Khan submits that once he is classified as a permanent employee, he is entitled to continue till 62 years, which is the age of retirement for permanent employee.

Shri Praveen Newaskar, learned Dy. Government Advocate has not opposed the contention that the age of retirement of permanent employee like petitioner is 62 years.

I have heard learned counsel for the parties and perused the record.

This is settled in law in view of the judgment in Engineer-in-Chief, P.H.E.D. and Others Vs. Budha Rao Magarde and Others, held that classification as a permanent employee is not only a "tag" but a status conferred to an employee on classification. The permanent status carries all benefits, which are attached to a permanent post including pay scale and age of retirement prescribed for a permanent employee. Recently a Division Bench of this Court in Writ Appeal No. 1266/10 (Principal Seat) held that in induction as per the Standing Order as permanent employee is also a permissible mode of induction. In this view of the mater, I have no hesitation to hold that the petitioner became a permanent employee for all purposes on issuance of Annexure-P/2 and respondents have erred in issuing Annexure-P/1, whereby he is still treated as a daily wager, such an order is impermissible in law.

Accordingly, petition is allowed. The order Annexure-P/1 dated 30/04/2011 is set aside. Petitioner be reinstated and be permitted to continue till attaining the age of 62 years. Petitioner shall be treated to be continued in service with all consequential benefits. The arrears arising thereto to be calculated and paid to the petitioner within three months, failing which it shall carry interest @ 6% p.a. The State shall recover the amount of interest from erring officers, who will be responsible for the delay.