Smt. Rajni Kaushik v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 313 of 2019
1. Smt. Rajni Kaushik W/o Late Sant Ram Kaushik, Aged About 49 Years, Occupation - Daily Wages Employee, Working Under The Indira Gandhi Krishi Vishvavidhyalaya, Sarkanda, Bilaspur, District Bilaspur, Chhattisgarh
2. Smt. Bisahin Yadav W/o Late Radheshyam Yadav, Aged About 49 Years Occupation - Daily Wages Employee, Working Under The Indira Gandhi Krishi Vishvavidhyalaya, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh
3. Smt. Puniya Bai W/o Suritlal Lodhi, Aged About 46 Years Occupation - Daily Wages Employee, Working Under The Indira Gandhi Krishi Vishvavidhyalaya, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh
4. Smt. Suruj Kaushik W/o Uttra Kaushik, Aged About 41 Years Occupation - Daily Wages Employee, Working Under The Indira Gandhi Krishi Vishvavidhyalaya, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh
5. Smt. Kaushilya Kaushik W/o Ram Kumar Kaushik, Aged About 50 Years Occupation - Daily Wages Employee, Working Under The Indira Gandhi Krishi Vishvavidhyalaya, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh
6. Smt. Lalita Kaushik W/o Chanak Ram Kaushik, Aged About 43 Years Occupation - Daily Wages Employee, Working Under The Indira Gandhi Krishi Vishvavidhyalaya, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh
7. Smt. Rampyari Kaushik W/o Uttam Kaushik, Aged About 47 Years Occupation - Daily Wages Employee, Working Under The Indira Gandhi Krishi Vishvavidhyalaya, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh
8. Smt. Rajeshwai Yadav W/o Shiv Kumar Yadav, Aged About 47 Years Occupation - Daily Wages Employee, Working Under The Indira Gandhi Krishi Vishvavidhyalaya, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh
9. Smt. Pardeshin Kenwat W/o Ramayan Kenwat, Aged About 50 Years Occupation - Daily Wages Employee, Working Under The Indira Gandhi Krishi Vishvavidhyalaya, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh 10.
Smt. Chanda Bai W/o Sanju Kenwat Aged About 43 Years Occupation - Daily Wages Employee, Working Under The Indira Gandhi Krishi Vishvavidhyalaya, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh 11.
Smt. Uma Kaushik W/o Bhuneshwar Aged About 43 Years Occupation - Daily Wages Employee, Working Under The Indira Gandhi Krishi Vishvavidhyalaya, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh 12.
Smt. Gangotri Bai W/o Ramesh Kaushik Aged About 41 Years Occupation - Daily Wages Employee, Working Under The Indira Gandhi Krishi Vishvavidhyalaya, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh 13.
Smt. Rampyari W/o Ramkumar Aged About 51 Years Occupation - Daily Wages Employee, Working Under The Indira Gandhi Krishi Vishvavidhyalaya, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh 14.
Smt. Shyamla Bai W/o Ganesh Ram, Aged About 50 Years Occupation - Daily Wages Employee, Working Under The Indira Gandhi Krishi Vishvavidhyalaya, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh ---- Petitioners
Versus
1. State Of Chhattisgarh Through Secretary, Agricultural Department, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh
2. The Registrar, Indira Gandhi Krishi Vishvavidhyalay, Labhandi Raipur, District Raipur Chhattisgarh
3. The Dean/Presiding Officer, TCB College Of Agriculture And Research Station, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh ---- Respondents
For petitioners :
Shri Palash Tiwari, Advocate.
For State :
Shri Rahul Mishra, Dy. G.A.
For University :
Shri Shashank Thakur, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 17/01/2019
1. The claim of the petitioners in the present writ petition is for a direction to the respondents to consider their case for regularization.
2. Contention of the counsel for the petitioners is that the petitioners have been working with the respondents as daily wage employee continuously since 1997 and as such they have been put in service for more than 21 years with the respondents. He submits that the petitioners have worked for more than 21 years with the respondents itself shows that there was availability of work and post with the respondents and therefore the respondents ought to have considered the petitioners for regularization. It has been pointed out by the counsel for the petitioners that identically placed persons have already been considered by the respondents for regularization and group of persons were regularized as early as on 15.09.2008. It is further contended that the order of regularization of similarly placed persons dated 15.09.
2008 was in accordance with the circular of the State Govt. dated 05.03.2008. It was lastly contended that even the case of the petitioners was duly considered by the respondents as is established from Annexure P-5 and their case for regularization was referred to the higher authorities in the department but no final order has been passed regularizing the services of the petitioners.
3. Keeping in view the aforesaid contentions of the counsel for the petitioners, this Court is of the opinion that no fruitful purpose would serve in admitting the petition and keeping it pending for long. Rather ends of justice would meet if the writ petition is disposed of with a direction to respondents 2 & 3 to consider the case of the petitioners also in the light of the observations and contentions made by the petitioners in the preceding paragraph and an appropriate order be passed within a period of 90 days from the date of receipt of copy of this order.
4. With the aforesaid observation, the writ petition stands disposed of. Sd/- (P. Sam Koshy) JUDGE Khatai