Full Judgment
1 W.P.No.1305/2013(S) 28.1.2013 Shri A.K.Shukla, learned counsel for the petitioner.
Shri A.K.Sharma, learned Govt.
Advocate for respondents on advance notice.
Petitioner Daily Wager (Waterman) employed in GovernmentPost Matric Anusuchit Jati Boys Hostel Burhanpur since 11.7.97 vide this writ petition seeks direction to the respondents to grant him regular pay scale in the light of circular dated 17.3.1978.
It is urged that on the basis of aforesaid circular daily wage employee engaged in Tribal Welfare Department has been extended the benefit vide order passed in W.A.No.85/2011 (Dhanubai V.
State of M.P and otheRs.decided on 27.8.2011 by Division Bench of this Court at Indore.
It is contended that respondents are directed to consider the case of the petitioner in the light of decision rendered in Dhannubai (supra).Learned Govt.
Advocate appearing for respondents have no objection if direction is given to the respondents to consider the claim of the petitioner as per decision rendered by Division Bench of this Court in Dhannubai supra).2 In view whereof , petition is disposed of with a direction to respondents to consider the claim of the petitioner as per decision rendered in Dhannubai (supra).While considering the claim of the petitioner respondents would be at liberty to take into consideration subsequent circulars issued by the State government in respect to grant of wages to daily wage employees and if these circular supersedes the government order dated 17.3.1978 the Respondents would be at liberty to take into consideration such subsequent developments while considering the claim of the petitioner.
Let a decision be taken within a period of three months from the date of communication of this order.
Petition is disposed of finally in above terMs.(SANJAY YADAV) JUDGE das