Hemant Kumar And Others v. State Of Chhattisgarh And ANR.
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.6067 of 2011
1. Hemant Kumar, aged about 33 years, S/o Shri Ramgulal Yadav, Graduate (BA) PGDCA Computer Operator, Office of Conservator of Forest, Durg Circle, Civil Lines, Durg, Tah. & Dist. Durg (CG)
2. Ravi Kumar Yadav, aged about 29 years, S/o Shri Ashok Yadav, DCA (Diploma-in-Computer) Computer Operator Divisional Forest Office, Kahiragarh, Distt.Rajnandgaon (CG)
3. Vikas Chandra Patel, aged about 27 years, S/o Shri Krishna Kumar Patel, D.C.A. (Computer Operator) Range South Bar Talao, Dongargarh, Diprapara, Ward No.2, Dongargarh, Distt.Rajnandgaon (CG)
4. Pankaj Kumar Ujawaney, aged about 27 years, S/o Shri Sharad Ujawaney, D.C.A. (Computer Operator) Range North Bartao, New.Sec-Achholi, Dongargarh, Distt.Rajnandgaon (CG)
5. Hirde Lal patel, aged about 29 years, S/o Shri Soukilal Patel, Computer Operator, Forest Sub-Division, Gandai, Khairagarh Forest Division, Distt.Rajnandgaon (CG)
6. Sheikh Rafi, aged about 30 years, S/o. Mr.Sheikh Raseed D.C.S. (Hindi Typist) Computer Operator Forest SubDivision Office Forest Division Rajnandgaon, Post - Dongargarh, Distt.Rajnandgaon (CG)
7. Arun Kumar Sinha, aged about 28 years, S/o Shri Bhagwani Ram Sinha, B.A., D.C.A. Computer Operator, Forest Division Office Kawardha, Distt. Kabeerdham (CG)
8. Rajesh Kumar Dharve, aged about 25 years, Graduate in Computer Applications (B.C.A.) Computer Operator Range Office-Salhewara, Village Post-Salhewara, Tah.& BlockChhuikhadan, Distt.Rajnandgaon (CG)
9. Rakesh Shrivastav, aged about 32 years, S/o Shri Maniklal Shrivastav, B.A., P.G.D.C.A. Computer Operator, Forest Division Khairagarh, Distt.Rajnandgaon (CG) 10.
Kailash Das Manikpur, aged about 25 years, S/o Shri Himanchal Das Manikpur B.A., D.C.A. Computer Operator Forest Division Range Office Gandai, Tah.Chhuikhadan, Distt.Rajnandgaon (CG) 11.
Shabir Ahmed Khan, aged about 27 years, S/o Mr.Abdul Rashid Khan, D.C.A. Computer Operator, Forest Sub-Division Office, Dongargarh, Distt.Rajnandgaon (CG)
12.
Manoj Kumar Sahu, aged about 27 years, S/o Shri Dinesh Sahu, B.A., P.G.D.C.A. Computer Operator Forest Division Office Kawardha, Distt.Kabeerdham (CG) ---- Petitioners
Versus
1. State of Chhattisgarh, Through Principal Secretary, Forest Department, Govt. of Chhattisgarh, Secretariat Raipur (CG)
2. Principal Chief Conservator of Forest, Forest Department, Govt. of C.G., Aranya Bhawan, Medical College Road, Raipur (CG) ---- Respondents For Petitioners :
Mr.V.G.Tamaskar, Advocate For Respondents :
Mr.Animesh Tiwari, Dy.A.G.
Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 9/9/2021
1. Mr.V.G.Tamaskar, learned counsel for the petitioners, would submit that the petitioners are working on the post of Job Rated Basis since long, therefore, they are entitled to be regularized against the post they are working for a fairly long time by issuing an appropriate direction since they have been working against vacant posts continuously fore more than 240 days and if the respondents fail to absorb them, then they may be directed to pay compensation to the petitioners at the rate of Rs.10 lakhs each. He would rely upon the circular dated 15.2.2011 (Annexure P-17).
2. On the other hand, Mr.Animesh Tiwari, learned Deputy Advocate General for the respondents, would submit that the petitioners are not entitled for any relief as prayed for.
3. Considering the averments made in the writ petition, it
would be expedient to allow the petitioners to make a representation before respondent No.2 within five weeks from today. If such a representation is made, same shall be considered and decided by the competent authority within six months from the date of receipt of representation. The petitioners are at liberty to file additional documents in support of their claim. It is made clear that this Court has not expressed any opinion on merits of the case.
4. With the aforesaid observation / direction, the writ petition finally stands disposed of. No order as to cost(s).
Sd/- (Sanjay K.Agrawal) Judge B/-