High Court Of ChhattisgarhWPS/300/2019allowed

Dinesh Kumar Khandelwal v. State Of Chhattisgarh

2019-01-17Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 300 of 2019

1. Dinesh Kumar Khandelwal, S/o Shri, S. L. Khandelwal, aged about 60 Years, Working As Sub-Engineer, National Highway, Sub-Division, Raipur, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh, Through- The Secretary, Public Works Department, Mahanadi Bhawan, Atal Nagar, New Raipur, Chattisgarh.

2. Engineer In Chief, Public Works Department, Sector 19, Nirmad Bhawan New Raipur, Chhattisgarh.

3. Executive Engineer, National Highway, Public Works Department, SubDivision, Raipur, District- Raipur, Chhattisgarh. ---- Respondents For Petitioner :

Mr. Somkant Verma, Advocate For State :

Ms. Sunita Jain, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 17/01/2019

1. With the consent of the parties, the matter is taken up for hearing finally.

2. Learned counsel appearing for the petitioner submits that the petitioner was initially appointed as Sub-Engineer on daily wage basis on 09.07.1983 against the vacant post. The services of the petitioner were continued with artificial break of two or three days in service and he worked continuously till the date of his regularization. The petitioner was given the benefits of annual increments.

3. The similarly situated employees have approached the State Administrative Tribunal (for short ("SAT") in Original Application

No. 1979/91 (Satish Kumar Mandloi Vs. State of M.P. And another) praying for similar relief as sought for in this petition. Learned counsel appearing for the petitioner submits that this case may also be disposed off in the same terms and conditions.

4. Learned counsel for the State in the light of the order of the SAT as aforestated, submits that after verifying the facts of the case, petitioner's case shall be considered.

5. In view of the foregoing and categorical statement made by the learned counsel appearing for the State, this petition is allowed in the same terms i.e. if the Committee finds the petitioner suitable for the post in all respect, he shall be regularized on the post held by him and shall also pay him salary on regular scale. He shall be entitled to salary for the dates on break in service. His seniority shall be counted from the date of his initial appointment.

6. No costs.

Sd/- (P. Sam Koshy) Judge Jyoti