Mantram Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 1456 of 2017

1. Mantram Yadav, son of Shri Gangaram Yadav, aged about 45 years, R/o. At Manjgaon Road near Diwan Bangla, Ward No. 09, Kawardha, District Kabirdham/Kawardha (C.G.)

2. Narendra Singh Thakur son of Shri Bhukhan Singh Thakur, aged about 47 years, R/o House No. 31, Ward No. 09, Village Kadkada, Post Dharamgarh Tahsil and P.S. Lohara, District Kabirdham/Kawardha (C.G.) ---- Petitioners

Versus

1. State of Chhattisgarh, Through: Secretary, Public Health Engineering Department, New Mantralaya, Capital Complex, Mahanadi Bhawan, Raipur (C.G.)

2. Engineer in Chief, Directorate Public Health Engineering Department, New Mantralaya, Capital Complex, Mahanadi Bhawan, Raipur (C.G.)

3. Chief Engineer, Public Health Engineering Department, Indravati, Bhawan, Naya Raipur, District Raipur (C.G.)

4. Superintending Engineer, Public Health Department, Durg, Divsion Durg, District Durg (C.G.)

5. Executive Engineer, Public Health Department, Kabirdham, near Mahamaya Mandir, in front of Bishen Hospital, Kawardha, Tahsil and District Kabirdham (C.G.)

6. Assistant Engineer, Public Health Department, Sub Division, Kawardha, Near Mahamaya Mandir, in front of Bishen Hospital, Kawardha, Tahsil and District Kabirdham (C.G.) ---- Respondents For Petitioners :

Shri R.S. Patel, Advocate For Respondents/STate :

Shri Dheeraj Wankhede, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 19.11.2018 1.

With the consent of the parties, the matter is heard finally.

2.

Direction sought for by the petitioners in the present writ petition is to direct respondents No. 2 to consider the claim of the petitioners for regularization. The contention of the petitioners herein is that each of the petitioners have worked with the respondents for a period of 17-18 years. 3.

Learned Counsel for the petitioners submits that all the petitioners are eligible and entitled for regularization in terms of conditions stipulated in the circular dated 05.03.2008 published by the State Government. 4.

It appears that the case of the petitioners till date has not been individually scrutinized by the Department in terms of circular dated 05.03.2008 and till date the claim has also not been finalized. 5.

Given the said submission by the counsel for the petitioners and the fact according to the petitioners that they have put in about 17-18 years of service. Let the case of the petitioners be considered for regularization by respondent No. 2 in terms of the circular dated 05.03.2008. While deciding the same, the authority concerned may also keep in mind the fact that there are about 16 posts still lying vacant with the departments against which the petitioners could be considered. Let this be done within a period of 90 days from the receipt of certified copy of this order. 6.

In view of the above directions, the writ petition stands disposed of. Sd/- (P. Sam Koshy) Judge vatti