RAKESH KUMAR CHARMAKAR & ORS. versus THE STATE OF MADHYA PRADESH & ORS.

RAKESH KUMAR CHARMAKAR & ORS. versus THE STATE OF MADHYA PRADESH & ORS.

The appellants were appointed pursuant to a District Level Selection Committee and by orders showing appointment to sanctioned and vacant posts on Collector’s prescribed rates as temporary employees, thereby fulfilling the conditions of Clause 6 of the Circular dated 10.05.1984 and the 1979 Rules; consequently they were entitled to the revised/regular pay-scale after completing three years and the Division Bench erred in holding otherwise; the Single Judge’s order granting regular pay-scale is upheld.

Parties
Appellants: Rakesh Kumar Charmakar & Ors.; Respondents: The State of Madhya Pradesh & Ors.
Jurisdiction
India
Judgment Date
30 January 2025
Procedural Posture
Civil Appeal (civil Appeal Nos. 1303 1304 of 2025) / Appeal to the Supreme Court From Judgment and Order of the Division Bench of the Madhya Pradesh High Court Dated 02.12.2019 and Review Order Dated 10.12.2021
Outcome
Appeals allowed
Legal Topics
Pay Scale, Temporary Employment on Regular Posts, Regularisation of Daily Wagers, Special Recruitment Drive
Service Law Administrative Law Pay Scale Temporary Employment on Regular Posts Regularisation of Daily Wagers Special Recruitment Drive

Case Brief

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Parties

Rakesh Kumar Charmakar & Ors.

Appellants

The State of Madhya Pradesh & Ors.

Respondents

Procedural Posture

Civil Appeal (civil Appeal Nos. 1303 1304 of 2025) / Appeal to the Supreme Court From Judgment and Order of the Division Bench of the Madhya Pradesh High Court Dated 02.12.2019 and Review Order Dated 10.12.2021

Legal Issues

  1. 1 Whether appellants were entitled to regular pay-scale under Circular dated 10.05.1984 after completing three years of service
  2. 2 Whether appellants were similarly situated to the petitioners in Ram Naresh Prajapati such that they should receive the same benefit

Ratio Decidendi

The appellants were appointed pursuant to a District Level Selection Committee and by orders showing appointment to sanctioned and vacant posts on Collector’s prescribed rates as temporary employees, thereby fulfilling the conditions of Clause 6 of the Circular dated 10.05.1984 and the 1979 Rules; consequently they were entitled to the revised/regular pay-scale after completing three years and the Division Bench erred in holding otherwise; the Single Judge’s order granting regular pay-scale is upheld.

Court Disposition

Appeals allowed

Orders

  • Impugned order of the Division Bench dated 02.12.2019 set aside
  • Order of the Single Judge dated 12.07.2019 upheld granting the benefit of regular pay-scale to the appellants