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2006 Supreme(MP) 1039

S.B.SINHA, DALVEER BHANDARI
State of M. P. – Appellant
Versus
Yogesh Chandra Dubey – Respondent


Advocates:
S.K. Dubey with B.S. Bantia for appellants;
Vimal Chandra S. Dave, Mrs. Neelam Kalsi and Shailendra Narayan
Singh for respondents.

ORDER

Sinha, J. -- 1. Leave granted.

2. Whether the respondents, who were engaged on daily wages, are entitled to claim minimum of the pay-scale attached to the post on which they had been working with applicable allowance, is the question involved in this appeal, which arises out of a judgment and order dated 4th August 2004 passed by the High Court of Madhya Pradesh, Indore Bench, in Writ Petition No. 6640/2003. The respondents were appointed on daily wages. The amount of daily wages at the rate of Rs.97.14 p. was fixed by the Collector of District. They are not appointed upon compliance of the statutory rules. No advertisement was issued. Vacancies were also not notified to the Employment Exchange.

3. On the premise that they are entitled to regularisation of their services, they filed an original application before the Madhya Pradesh State Tribunal, inter alia, praying for the following reliefs:

(A) Order be passed for payment of Pay-scale for Assistant Grade Post Regular (except increment in salary benefit) from the date of filing the case before this Hon'ble Tribunal by the respondents in view of the orders passed by Hon'ble M.P. State Administrative Tribunal Bhopal dated 15.12.1


































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