In the said proceedings, the appellant inter alia, companytended that the respondents having number been engaged on any vacant post, payment of salary on a regular scale of pay is impermissible in law.
The amount of daily wages at the rate of Rs.97.14p.
Therefore, this petition is disposed off with the direction that the applicants shall be paid the wages at the minimum of the pay scale of the post on which they are working along with applicable allowances but without the benefit of increments with effect from the date of filing of this petition.
Evidently, the Tribunal issued the said directions on the basis of an earlier order dated 15.12.1997 passed by it in Original Application No.400/1994.
By reason of an order dated 1.1.2002, the Tribunal directed In similar cases the Tribunal has given the relief to the applicants which the applicants companynsel is seeking.
All recruitments, therefore, were required to be made strictly in terms thereof.
A writ petition filed by the appellant herein before the High Court was dismissed by reason of the impugned judgment following an earlier decision of the Division Bench of the same companyrt.
Vacancies were also number numberified to the Employment Exchange.
Arising out of SLP C No.3793 of 2006 B. Sinha, J. Leave granted.
was fixed by the Collector of District.
Provided these possess the minimum qualification for the post.
No advertisement was issued.
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 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 Honble Tribunal from the Respondents in view of the orders passed by Honble M.P. State Administrative Tribunal Bhopal dated 15.12.97 Annexure A 6.
They are number appointed upon companypliance of the statutory rules.
That the respondents be directed that Respondent should take appropriate action for regularising the applicant as Assistant Grade III Post within the prescribed time period.
The posts of Assistant Grade III, it was pointed out, are filled up in terms of the procedures provided laid down in the Recruitment Rules known as Madhya Pradesh Public Health Engineering Department Non Gazetted Service Conditions of Service and Recruitment Rules, 1976.
Whether the respondents, who were engaged on daily wages, are entitled to claim minimum of the pay scale attached to the post in which they had been working with applicable allowances, 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.
