Kailash Mandloi vs Ayush Department

NEUTRAL CITATION NO. 2026:MPHC-IND:24747
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
rd
ON THE 3 OF SEPTEMBER, 2026
WRIT PETITION No. 18393 of 2022
KAILASH MANDLOI
Versus
AYUSH DEPARTMENT AND OTHERS
Appearance:
Shri Vivek Dalal - Advocate for the petitioner.
Shri Manish Sankhla - Govt. Advocate for the respondent/State.
ORDER
Petitioner has filed this writ petition under Article 226 of Constitution of
India making a prayer to issue direction to respondents-authorities to consider
them for grant of permanent status.
2. Counsel appearing for petitioner submitted that petitioner was engaged as
'Swachhak' on contract basis vide order dated 26.09.2002. Thereafter services of
petitioner was continued by respondent-department and he is still working with
them. It is submitted that State Government has formulated the policy for
classifying employees as 'permanent' and grant them minimum of the pay scale
admissible to their posts. Respondents are violating Article 14 & 16 of the
Constitution of India and exploiting positions of petitioner in not classifying and
paying him less salary. It is further submitted that petitioner submitted
representation for regularizing his service but even after lapse of more than 19
years, his service has not been regularized, whereas services of similarly situated
part time 'Swachhak' have been regularized and their pay has been upgraded.
Being aggrieved, petitioner approached this Court in W.P. No.2863/2021 and vide
Signature Not Verified
Signed by: SUMATHI
JAGADEESAN
Signing time: 9/3/2026
4:42:33 PM

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order dated 17.02.2021 this Court directed the competent authority to decide the

representation filed by the petitioner in accordance with law. However, without
considering the discrimination faced by the petitioner, the competent authority
rejected the representation filed by the petitioner. Hence it is submitted that
petitioner's service be regularized and all attendant benefits may also be granted.
3. Govt. Advocate for respondent-State submitted that State Govt. has
formulated a policy dated 07.10.2016. Policy was formulated to give benefit to
those daily wagers who could not be regularized in service. As per policy, daily
wagers are to be classified as 'skilled', 'semi-skilled' and unskilled' workers. Such
daily wagers, who are working with respondent-department since last 10 years, are
to be given the benefit. It is submitted that said benefit is not available to those
workers who are engaged on contract basis or are outsourced or they are employed
temporarily. It is submitted that considering aforesaid conditions, benefit of
classification has not been extended to petitioner. There is no illegality in order
passed by respondents-authorities. Reasoned order has been passed, therefore, no
interference is called for in writ petition.
4. Heard learned counsel for parties.
5. On going through the facts and circumstances of the case, it is found that
though petitioner was employed on contract basis for a limited term but his
contract has been extended by State Government from time to time. Now
petitioner is working for about 20 years or more with the State Government. He
was not classified as 'skilled', 'semi-skilled' and unskilled' worker and benefit of
permanent status is denied to him as he is a contract employee. Policy dated
07.10.2016 was formulated by State Government so that employees who cannot be
regularized in service for want of sanction and vacant post, can be given benefit of
classification and they can be paid salary minimum of the pay scale admissible to
Signature Not Verified
Signed by: SUMATHI
JAGADEESAN
Signing time: 9/3/2026
4:42:33 PM

NEUTRAL CITATION NO. 2026:MPHC-IND:24747
3 WP-18393-2022
them so that an employee will have decent living condition. Circular of

07.10.2016 is a master stroke of State Government, which is consistent with
Article 38, 39(a) and 43. Aforesaid articles are quoted as under :
38. (1) The State shall strive to promote the welfare of the people
by securing and protecting as effectively as it may a social order in
which justice, social, economic and political, shall inform all the
institutions of the national life.
(2) The State shall, in particular, strive to minimize the
inequalities in income, and endeavor to eliminate inequalities in status,
facilities and opportunities, not only amongst individuals but also
amongst groups of people residing in different areas or engaged in
different vocations.
3 9 . The State shall, in particular, direct its policy towards
securing--
(a)that the citizens, men and women equally, have the right to an
adequate means to livelihood;
x x x
43. The State shall endeavour to secure, by suitable legislation or
economic organisation or in any other way, to all workers, agricultural,
industrial or otherwise, work, a living wage, conditions of work
ensuring a decent standard of life and full enjoyment of leisure and
social and cultural opportunities and, in particular, the State shall
endeavour to promote cottage industries on an individual or co-
operative basis in rural areas.
6. In view of above, since the petitioner is being engaged repeatedly by the
Signature Not Verified
Signed by: SUMATHI
JAGADEESAN
Signing time: 9/3/2026
4:42:33 PM

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State Government on contract basis which shows that there is constant requirement

of services of petitioner by the State Government. Petitioner cannot be given less
wages from other persons and denied adequate means of livelihood, economic
justice and decent standard of life. Petitioner ought to have been given benefit of
circular dated 07.10.2016 classifying and granting permanent status like any other
daily wager. There is no rational in not giving benefit of circular dated 07.10.2016
to 'contract', 'outsourced' and 'part time' workers engaged by the State
Government, if they are consistently being engaged by the State Government for
more than 10 years, then said workers are also required to be given benefit of
classification and are to be paid minimum of wages of the pay scale admissible to
their posts.
7. Resultantly, writ petition filed by petitioner is allowed. Respondents are
directed to pass orders classifying petitioner in accordance with circular dated
07.10.2016 and extend all consequential benefits available to them.
8. With aforesaid, writ petition is allowed and disposed of.
9. Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
sumathi

Signature Not Verified
Signed by: SUMATHI
JAGADEESAN
Signing time: 9/3/2026
4:42:33 PM