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Judgment
Rajendra Menon, J.—With the consent of parties, the matter is heard finally. In this writ petition the petitioners who are employed as Section Writer have challenged the validity of the order dated 29.9.2012, passed by the Collector by which their claim for regularization has been rejected.
Learned counsel for the petitioners submitted that Revenue Department, Government of M.P. has issued guidelines dated 23.7.2010 and 24.8.11 with regard to dealing with the claim of Section Writers for regularization. However, the impugned order has been passed without taking into account the criteria laid down by the aforesaid guidelines.
Learned Counsel for the State was unable to point out that while passing the order dated 29.9.2012 the Collector has taken into account the guidelines dated 23.7.2010 and 24.8.11 issued by Department of Revenue, Government of M.P. It is further submitted that the representation submitted by the petitioners has been considered in the light of the order passed by the Court and the same has been rightly rejected and, therefore, no interference is called for.
I have considered the submissions made by learned counsel for the parties. From perusal of order dated 29.9.2012 it is apparent that Collector without taking into account the guidelines dated 23.7.2010 and 24.8.2011 has rejected the representation submitted by the petitioner.
For the aforementioned reasons, the order passed by the Collector dated 29.9.2012 is hereby quashed. The Collector is directed to decide the representation submitted by the petitioners afresh in the light of circular dated 23.7.2010 and 24.08.2011 issued by Department of Revenue, Government of M.P. Needless to state, the Collector before deciding the representation shall afford an opportunity of hearing to the petitioners and shall pass a speaking order. The aforesaid exercise shall be completed within a period of three months from the date of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merit of the case.
With the aforesaid directions, the writ petition stands disposed of. Certified copy as per rules.