Arun Narayan Hiwase and others vs. State of M.P and others

Madhya Pradesh High Court (Single Judge)

WRIT PETITION, 821 of 2014, Judgment Date: Dec 16, 2020

Law laid down -

Cancellation of regularisation of petitioners - the petitioners were regularised as per decision of the Screening Committee constituted as per executive instructions and the Regulation of 1988 on 20.7.1998. The said Regulation were nullified w.e.f. 13.7.1998 by passing the administrative order dated 9.7.1998. On the date of regularisation, previous regulation and instructions were in force and new Regulation of 1998 were not in existence. Hence, regularisation cannot be cancelled.

Regulation 1998 - as per the Repeal and Saving Clause also, the previous decision to regularise the petitioners must be treated to be a decision taken as per the Regulation of 1998. Thus, the regularisation of petitioners is saved as per the Saving Clause.

Practice and procedure - in previous round of litigation filed by one Shri Lonare, no order was passed by this Court to set asidethe regularisation orders of petitioners. Indisputably, Lonare was occupying the post on promotion whereas the petitioners were regularised on the said post. They belong to different Mandis and hence they were not at par. Hence, the question of discrimination does not arise. Lonare succeeded before the Single Bench, Division Bench and also before the Supreme Court and hence continued. Petitioners' regularisation is cancelled on the pretext of maintaining parity with Lonare which ground does not exist.

Administrative order - retrospectivity - executive order of government/department cannot be made operative to the detriment of petitioners with retrospective effect.

Arun Narayan Hiwase and others vs. State of M.P and others