Full Judgment
1....W.A.No.1355 of 2012 State & M.P.& others Ravinder Singh & ORS.20.12.2012 Shri Jaideep Singh, Dy.G.A.For the appellants.
Shri K.P.Singh, Counsel for the respondents.
I.A.14921/12 for condonation of delay.
Considering the reasons stated in the application and to the fact that the prayer made in the application is not opposed by the counsel for the respondents, delay in filing this appeal is condoned.
Other office objections are ignored.
Heard on admission.
This appeal is directed against an order dated 15.11.2011 in W.P.(s) 10469/2004 by which a writ petition preferred by the respondents was disposed of finally in the light of another judgment of the Bench in N.K.Rai and others versus State of M.P.& others [2005(5) MPHT 305 .This appeal is filed mainly on the ground that against the order passed in N.K.Rai, the State had preferred an S.L.P.before the Apex Court bearing No.26127/2004 in which interim order has been passed by the Apex Court.
Learned counsel appearing for the respondents submitted that the position is not changed.
The S.L.P.preferred before the Apex Court has been dismissed by order dated 10.10.2012.
It is submitted that in view of the subsequent event this appeal may not be entertained as the main reason for filing of the appeal before this Court was pendency of the SLP against the order passed in N.K.Rai which has not No.been dismissed.
This appeal is without merit.
The question involved before the writ Court was that the teaching staff on absorption was entitled to be designated as Lecturer, U.D.T., L.D.T.and similarly the non-teaching staff are 2....W.A.No.1355 of 2012 State & M.P.& others Ravinder Singh & ORS.20.12.2012 also be absorbed as per their qualification on the post of Peon, Watchman and the prevailing pay of the post granted to them.
The Apex Court has dismissed the aforesaid appeal by a reasoned order which reads thus :- “We have heard learned counsel for the parties and gone through the impugned judgment and record.
The High Court has simply directed the appellant-State to enforce its own scheme dated 26.6.1995 for absorption strictly.
The said scheme laid down the norms for absorption eligibility, pay protection and creation of supernumerary posts etc.We could not find any direction contrary to the said scheme.
Thus, we find no reason to interfere with the impugned judgment.
The appeals lack merit and are accordingly dismissed.”
As the judgment passed by the Single Bench in N.K.Rai has been affirmed by a reasoned order, so no merit is found in this appeal.
This appeal is accordingly dismissed at the admission stage with no order as to costs.
(Krishn Kumar Lahoti) (Smt.
Vimla Jain) Judge Judge vj