Fattenarayan Yadav And ORS. v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1383 of 2015

1. Fattenarayan Yadav And Ors. S/o Shivnath Yadav Aged About 37 Years Occupation- Peon, Govt. Higher Secondary School, Chandan Nagar, Block And Tahsil Premnagar, District Surajpur Chhattisgarh

2. Munna Lal S/o Shivratan Aged About 38 Years Occupation Watchman, Posted At Tribal Pre-Metric Girls Hostel, Block And Tahsil Premnagar, District : Surajpur, Chhattisgarh

3. Smt. Rampati, W/o Puranram Aged About 34 Years Occupation- Peon, PreMetric Boys Hostel, Koteya, Block And Tahsil Premnagar, District : Surajpur, Chhattisgarh

4. Smt. Sugrim W/o Kawal Sai Aged About 36 Years Occupation- Peon, PreMetric Girls Hostel, Bhaiyathan, Block And Tahsil Premnagar, District : Surajpur, Chhattisgarh

5. Thakur Prasad S/o Ramdhani Aged About 37 Years Occupation- Waterman, Pre-Metric Tribal Girls Hostel, Bakalo, Block And Tahsil Premnagar, District : Surajpur, Chhattisgarh

6. Devlal S/o Thagru Ram Aged About 40 Years Occupation- Waterman, PostMetric Tribal Girls Hostel, Block And Tahsil Premnagar, District : Surajpur, Chhattisgarh

7. Jairam, S/o Suvran Ram Aged About 35 Years Occupation- Watchman, PreMetric Tribal Girls Hostel, Bakalo, Block And Tahsil Premnagar, District Surajpur Chhattisgarh, District : Surajpur, Chhattisgarh

8. Bagholan Ram S/o Nohar Sai Aged About 40 Years Occupation- Peon, PreMetric Girls Hostel, Premnagar, Block And Tahsil Premnagar, District : Surajpur, Chhattisgarh

9. Pritam Singh, S/o Duhan Ram Aged About 38 Years Occupation- Peon, PreMetric Girls Hostel, Premnagar, Block And Tahsil Premnagar, District : Surajpur, Chhattisgarh 10.Umesh Kumar Thakur S/o Parsan Ram Aged About 34 Years OccupationPeon, Girls Ashram, Premnagar, Block And Tahsil Premnagar, District : Surajpur, Chhattisgarh

11. Umesh Kumar Thakur S/o Rampal Thakur Aged About 38 Years Occupation- Peon, Pre-Metric Girls Hostel, Premnagar, Block And Tahsil Premnagar, District : Surajpur, Chhattisgarh 12.Kawal Sai S/o Bahadur Aged About 36 Years Occupation- Waterman, PreMetric Tribal Girls Hostel, Surajpur, Block, Tahsil And District : Surajpur, Chhattisgarh 13.Smt. Fulaso Pando W/o Ramratan Aged About 35 Years Occupation- Peon, Pre-Metric Girls Hostel, Bhaiyathan, Block And Tahsil Bhaiyathan, District : Surajpur, Chhattisgarh

14.Kamal Sai S/o Pardeshi Aged About 38 Years Occupation- Peon, Girls Higher Secondary School, Bhatgaon, Block, Tahsil And District : Surajpur, Chhattisgarh 15.Ramcharan S/o Sukhram Aged About 37 Years Occupation- Peon, Adiwasi Ashram School, Raghunath Nagar, Block And Tahsil Wadrafnagar, District : Surajpur, Chhattisgarh 16.Bhagat Ram S/o Dilbahar Aged About 34 Years Occupation- Peon, Higher Secondary School, Ketka, Block, Tahsil And District : Surajpur, Chhattisgarh 17.Devanti Gupta D/o Gulab Ram Aged About 34 Years Occuptaion- Peon, Boys Ashram, Satyanagar, Block And Tahsil Bhaiyathan, District : Surajpur, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh S/o Through The Secretary, Tribal Welfare Department , Mahanadi Bhawan, Naya Raipur Chhattisgarh

2. The Commissioner, Tribal And Scheduled Caste Development, District : Raipur, Chhattisgarh

3. The Collector, District : Surajpur, Chhattisgarh

4. The Assistant Commissioner, District : Surajpur, Chhattisgarh

5. Block Education Officer, Block Premnagar, District : Surajpur, Chhattisgarh ---- Respondents For Petitioner :

Shri Ashok Kumar Shukla, Advocate For Respondents/ State :

Shri Kunal Das, P.L Hon'ble Shri Justice Goutam Bhaduri Order On Board 02/03/ 2020

1. Heard.

2. Reply in this case has not been filed yet.

3. The petitioners contend that they were appointed as casual workers in Collectorate since 2003 to 2009 in different institutions like schools and hostels under Tribal Department and their work is perennial in nature. It is contended that their services have not been regularized even after lapse of

several years, however, similarly placed persons who were appointed along with the petitioners were regularized by order dated 17.11.2014 (Annexure P-3). He would further submit in the circumstances, petitioners may be given liberty to make a detailed representation along with the copy of Annexure P3 which shows that similarly placed persons have been regularized and application of the petitioners for regularization may be considered in the light of equality.

4. Considering the limited prayer made by the petitioners, at this stage, since the petitioners claim that the petitioners have been working from 2003 to 2009 and if similarly placed persons have been regularized, the case of the petitioners too need consideration in the light of Article 14 of the Constitution of India. Accordingly, it is directed that the petitioners shall make a fresh detail representation to Respondent No. 3 & 4 along with the necessary Annexures within 3 weeks from today and they may be at liberty to file order dated 17.11.2014 to demonstrate the fact that similar persons have been regularized and thereafter the State should consider the case of the petitioners and if similarly placed persons have been given the benefits then accordingly the petitioners shall also be granted the similar benefit and the representation shall be decided in accordance with law and the same shall be decided within a further period of 90 days from the date of receipt of a copy of this order.

5. With the aforesaid observation, the petition stands disposed of. Sd/- Goutam Bhaduri Judge Jyoti