Facts
The appellant was engaged as a temporary Swachhak by the Rogi Kalyan Samiti at a Community Health Centre in 2002.
Source reference: para. 2–5After pursuing claims for minimum wages and filing a proceeding under the Minimum Wages Act, he alleged that his services were orally terminated on 15 May 2025.
Source reference: para. 2–5He challenged the rejection of his representation seeking reinstatement and back wages in a writ petition, which the Single Judge dismissed.
Source reference: para. 2–5In appeal, he claimed, among other things, the benefit of the Circular dated 7 October 2016.
Source reference: para. 2–5Issues
Whether the Circular dated 7 October 2016 applied to the appellant, who was engaged by a Rogi Kalyan Samiti.
Source reference: para. 6Whether the Single Judge’s order dismissing the writ petition warranted interference in the writ appeal.
Source reference: para. 7Law Applied
The appeal was brought under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005.
Source reference: para. 1The Court held that the Circular dated 7 October 2016, applicable to Government Departments, did not extend to private institutions or employees appointed in a Jan Bhagidari Samiti.
Source reference: para. 6It relied on the Division Bench decision in State of M.P. and Rajiv Singh and others, Writ Appeal No. 1674 of 2026, decided on 25 August 2026, which held that the Circular did not apply to employees appointed in a Jan Bhagidari Samiti.
Source reference: para. 6Reasoning
The appellant’s engagement was by a Rogi Kalyan Samiti, which the Court found was not a statutory body.
Source reference: para. 6–7Applying the cited Division Bench decision, the Court concluded that the Circular did not govern his engagement.
Source reference: para. 6–7On that basis, it found no ground to interfere with the Single Judge’s dismissal of the writ petition.
Source reference: para. 6–7The judgment did not separately determine the appellant’s other pleaded claims concerning retrenchment, victimisation, or minimum wages.
Source reference: para. 4, 6–7Holding
The Court dismissed the writ appeal and declined to interfere with the Single Judge’s order.
Acts & Sections Cited
7 provisions across 3 statutes referred to in this judgment. Linked provisions open on LawLens.
M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 20051
Minimum Wages Act, 19482
Industrial Disputes Act, 19474
Original Court PDF
Rooplal Balmik MehtarvsThe State Of Madhya Pradesh
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