ORDER

1. Assailing the order dated 14.9.2023 passed by the learned Single Judge in dismissing Writ Petition No.422 of 2011, the writ petitioner has filed this appeal.

2. It is the case of the writ petitioner that he was granted appointment on daily wages on 13.3.1993 against the sanctioned vacant post. Thereafter, the services of the writ petitioner was confirmed as Peon vide order dated 29.12.1998. His appointment was cancelled vide order dated 24.3.1999 and 1.6.1999 against which he filed a civil suit before the Civil Judge, Class-II, Bhopal. The civil suit was decreed by judgment and decree dated 17.4.2001 and the order of cancellation was set aside. Thereafter, respondents preferred a first appeal which was dismissed vide judgment dated 24.11.2001. Second appeal preferred by him was dismissed vide judgment dated 5.8.2003. Thereafter, they preferred an SLP before the Hon'ble Supreme Court which was also dismissed on 14.7.2010 with an observation that the writ petitioner was working under the respondents prior to 1995. Thereafter, again the respondents have issued notices Annexures P/7 and P/9 dated 5.10.2010 and 2.11.2010 respectively observing that the appointment of the writ petitioner was contrary to the rules. The aforesaid notices were duly replied by the writ petitioner. It was pointed out that in pursuance to the order dated 29.12.1998, he is performing his duties as Peon till date. It is his case that once the order of cancellation of his appointment was set aside in a civil suit and the judgment and decree passed by the civil suit dated 17.4.2001 has attained finality upto the Hon'ble Supreme Court then the respondents were having no authority to issue impugned notices Annexure P/7 and Annexure P/9 dated 5.10.2010 and 2.11.2010 respectively therefore, the writ petition was preferred praying for the following reliefs :-

"(i) This Hon'ble Court may kindly be pleased to quash the orders Annexures P/7 and P/9 issued by respondent No.2.

(ii) This Hon'ble Court may kindly be pleased to direct the respondents to pay all consequential benefits of peon to the petitioner from the date of regularization i.e. 29.12.1998.

(iii) This Hon'ble Court may kindly be pleased to direct the respondents to pay dif erence of salary alongwith interest @ 18% per annum from the date of regularization of services i.e. 29.12.1998. Alternatively the petitioner's services be regularized in view of the directions issued by the apex Court in Uma Devi's case.

(iv) This Hon'ble Court may kindly be pleased to issue any other writ or directions looking to the facts and circumstances of the case and be pleased to award cost of the petition."

3. The writ Court has taken up the matter in analogous hearing with other writ petitions and has dismissed the writ petition considering the fact that in the first appeal the liberty was granted to the respondents to initiate proceedings against the writ petitioner and provide him opportunity of hearing and thereafter pass a fresh order. It was further observed that in pursuance to the policy issued by the Government dated 7.10.2016, the writ petitioner has already been granted the status of Sthai Karmi vide order dated 23.6.2018 and the same was duly accepted by the writ petitioner. Therefore, no relief could have been extended to the petitioner in the writ petition.

4. The record indicates that the writ petition was filed against the show cause notices Annexures P/7 and P/9 dated 5.10.2010 and 2.11.2010 respectively. The show cause notices have been issued to the writ petitioner in pursuance to the liberty granted by the 7th Additional District Judge, Bhopal vide judgment dated 24.11.2001 which reads as under :-

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