Badri Prasad Pandey v. State Of Chhattisgarh And Others

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.3918 of 2008 Badri Prasad Pandey, S/o Late Shri Gandhi Lal Pandey, aged about 59 years, R/o Village Konar, Tahsil Pamgarh, District Janjgir Champa, at present: working as Aushadhalaya Sewak, Government Ayurvedic Aushadhalaya Saria, District Raigarh (CG) ---- Petitioner

Versus

1. State Of Chhattisgarh through Secretary Health and Family Welfare Department, Govt. of CG, D.K.S. Bhawan, Mantralaya, Raipur (CG)

2. The Divisional Officer (Ayurved), Bilaspur Division, Nutan Colony, Sarkanda, Bilaspur, Tahsil And District Bilaspur (C.G.)

3. Superintendent-Cum-Assistant, District Ayurved Officer, Raigarh (C.G.) ---- Respondent For Petitioner :

Shri Devesh Kela, Advocate For Respondent/State :

Ms. Sunita Jain, Panel Lawyer Order On Board 08/10/2015 This petition has been filed by the petitioner claiming regularization. 2.

Undisputedly, the petitioner was a daily wage employee engaged in the year 1983. The facts which are not in dispute are that the petitioner, though continued in service, terminated and then reinstated, but due to pendency of criminal case, in which, he has been acquitted, regularization matter has remained pending. 3.

Submission of learned State counsel is that the petitioner is not entitled to claim regularization in view of the judgment of Supreme Court in the case of Secretary, State of Karnataka and Others vs. Umadevi and others1. 4.

The State Government has already issued policy of regularization on 05-032006(4) SCC 1

2008 to consider the cases of regularization in accordance with the verdict of Supreme Court in the case of Umadevi (supra). The petitioner is continued as a daily wage employee since 1983. This case requires consideration by duly constituted scrutiny committee. Let it be done within a period of four months and decision be taken in that regard.

5.

With the aforesaid direction, this petition is finally disposed off. Sd/- Manindra Mohan Shrivastava Judge Tumane