ORDER

The petitioner has filed this petition while praying for following reliefs:-

"7(i). It is therefore, prayed that this Hon'ble Court may kindly be pleased to quash the impugned order dated 30-06-

2014 ( Annexure P/1) passed by the respondent No. 5 and the respondents be directed to regularise the services of the petitioners from the date of their entitlement with arrears within the stipulated period.

(ii) This Hon'ble court be further pleased to pass any such other orders as this Hon'ble Court may deem fit under the circumstances of the case."

The facts in the petition reveal that the petitioners herein were appointed on the post of clerk as a daily rated employee in Gramin Vidyut Sahakari Samit Nowgong. Ultimately, the said Society was merged with the erstwhile M.P.

State Electricity Board, which lateron bifurcated into as many as 7-8 Companies including Madhya Pradesh Poorva Kshetra Vidyut Vitran Co.Ltd.

Accordingly, in terms of the said Policy decision, the services of the present petitioners were also absorbed with the Madhya Pradesh Poorva Kshetra Vidyut Vitran Co.Ltd, Chhattarpur vide order dated 12-12-2012, which is contained in Annexure P/5. As the service of the petitioners were not being regularised, therefore, the petitioners moved representation before the authorities and the representation moved by the petitioners was not paid any heed to. Therefore, the petitioners filed petition before this Court vide WP No. 38/10. The said writ petition was disposed of vide order dated 28-07-2010, by which, the respondents were directed to take a decision on petitioners representation. Pursuant to the direction issued by this Court in WP No. 38/10, the respondents passed order dated 30-06-2014 ( Annexure P/1), which is sought to be impugned in the present petition.

In the meantime, in terms of the Circular of Department of General Administration dated 07-10-2016, the petitioners herein were classified as "Sthai Karmi" and after that this present petition has been filed assailing the order dated 30-06-2014 ( Annexure P/1) and for a direction to the respondents to regularise the services of the petitioners. Counsel for the petitioners submits that the claim of the petitioners was declined on the ground of non-availability of vacant post whereas the advertisement brought on record along with petition reflect that the respondents were inviting the applications to fill up the vacancies and therefore, the order impugned dated 30-06-2014 was merely a devise to deprive the petitioners from availing the benefit of regularisation. The counsel for the petitioners further submits that the petitioner No. 1 was inducted in the erstwhile Society way back on 21-06-1998 against the post of Clerk and therefore, the respondents were obliged to consider the case of the petitioners commensurating duties performed by the petitioners with the erstwhile Co-

operative Society. The counsel for the petitioners also submits that as the vacancies were available with the respondents, the respondents were duty bound to consider the case for regularisation. Thus, submits that the impugned order dated 30-06-2014 be quashed and the respondents be directed to extend the benefit of regularisation to the petitioners.

Per contra, learned counsel for the respondents submits that the Circular dated 07-10-2016 issued by the Department of General Administration has been adopted by the respondents in terms of the Circular dated 07-10-2016, and the benefit of classification as 'Sthai Karmi' has been extended to the petitioner vide order dated 10-04-2018 and the petitioners have been classified as Skilled as well as Un-skilled employee and the benefit of regular pay-scale in terms of Circular dated 07-10-2016 has also been extended to the petitioners. It is further submitted by the respondents that the said order has been accepted by the petitioners without any demur or protest and the petitioners have submitted their joining in terms of order dated 10-04-2018