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Judgment
Anand Pathak, J
Petitioner, who is permanently classified daily wage employee has preferred this petition under Section 226 of Constitution taking exception to action/inaction of respondents whereby respondents are not permitting to join duties as Helper in Public Health Engineering Department at Sabalgarh, District Morena.
It is the grievance of the petitioner that he is permanently classified daily wage employee and working regularly since 1988. Due to criminal case registered at Police Station Bisrakh, District Gautam Nagar because of death of her daughter-in-law, he had to suffer incarceration, therefore, he remained absent from duties between 18.6.2023 to 11.9.2023. Now, he is not permitted to join duties.
Since, he is permanently classified employee and as per letter dated 18.9.2023 written by Executive Engineer, PHE, Morena to Superintending Engineer, no specific rule provide such exigency. Since charge has not been framed yet, therefore, action of respondents in not permitting the petitioner to join duties is arbitrary and illegal.
Issue notice to the respondents on payment of process fee by RAD mode within seven working days, returnable within four weeks.
As an interim measure, petitioner shall be allowed to continue at his present place of posting as daily wage employee and it is made clear that this interim order shall not create any equity in favour of the petitioner and his joining shall be subject to final outcome of this writ petition.