Naresh Kumar Pandey vs State Of Madhya Pradesh

This Intra-court appeal is directed against the order dated 16.08.2016 passed by this Court in W.P. No. 10714/2006(s) filed by the petitioner. By the order impugned, the writ petition filed by the petitioner was dismissed; hence this appeal.

Petitioner was appointed as Laboratory Assistant on 31.12.1990 by the Chief Medical and Health Officer, Seoni. There were certain irregularities/illegalities in the matter of appointment, therefore, an enquiry was held and it was found that appointments made by the Chief Medical and Health Officer were all illegal to provide backdoor entry into the government service to the persons of his choice and, therefore, all such appointments were cancelled/terminated including the appointment of the petitioner. Ultimately, the petitioner was removed from service by order dated 25.01.2001. Petitioner challenged this order by filing O.A. No. 880/2001 which stood transferred to this Court upon abolition of the Tribunal and it was registered as W.P. No. 17032/2003. Suffice it to say that the said writ petition was disposed of with a direction to the State Government to consider the representation made by the petitioner and pass an appropriate order.

We have already pointed out that number of persons were irregularly appointed and their services were terminated and they had challenged their termination. After the decision of the Tribunal in case of Dinesh Kumar Rathore, State preferred an SLP and the following order was passed by their Lordships' of the Supreme Court:-

" Special leave granted.

Heard counsel for the parties. In partial modification of the order passed by the Tribunal, we direct as under:-

"The orders of termination of the services of the respondents-employees are upheld. However, they will be considered for fresh employment in the posts concerned after they are screened by a properly constituted selection committee and according to the rules along with others from whom applications may be invited for the posts concerned. The respondents, if they are otherwise qualified for the posts concerned, will be given relaxation in their age for the period for which they have served though under the irregular orders. The appellants will also take into consideration the experience gained by the respondents/employees while making their selection. The appeals are allowed accordingly with no order as to costs."

Shri Udayan Tiwari, learned counsel for the appellant submitted that the case of the present appellant has not been considered by the respondents in the light of the decision given by the Supreme Court which has been followed in the case of Rajaram Tiwari Vs. State of M.P. as also M.A. No. 580/1998 - contempt proceedings filed by Rajaram Tiwari. In response to the notices issued, the respondents had agreed to consider the case of the appellant afresh in the light of the decision of the Supreme Court.

In view of the aforesaid, we partially allow the appeal and direct the respondents to form a Selection Committee to consider the case of the appellant and similarly placed other persons in the light of the decision of the Supreme Court. Let the whole exercise be done within a period of six months from the date of communication of certified copy of this order.

Writ Appeal stands disposed of.

Certified copy as per rules.