High Court Of ChhattisgarhWPS/524/2019disposed off

Ajoo Ram v. State Of Chhattisgarh

2021-01-20Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 524 of 2019

1. Ajoo Ram S/o Latelu Sahu Aged About 30 Years R/o- Village Dokrabhatha, Tahsil- Khairagarh, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

2. Hori Lal S/o Mangatu Sahu Aged About 30 Years R/o- Village Dokrabhatha, Tahsil- Khairagarh, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

3. Lokeshwar S/o Banau Sahu Aged About 29 Years R/o- Village Dokrabhatha, Tahsil- Khairagarh, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

4. Sant Lal S/o Balva Sahu Aged About 32 Years R/o- Village Dokrabhatha, Tahsil- Khairagarh, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

5. Kunjlal S/o Premchand Sahu Aged About 32 Years R/o- Village Kerabori, Tahsil- Khairagarh, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through- The Secretary Department Of Water Resources Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Executive Engineer Water Resources Division Chhuiekhadan, DistrictRajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Respondents For Petitioners :

Mr. Syed Majid Ali, Advocate For State :

Mr. Rahul Jha, GA Hon'ble Shri Justice P. Sam Koshy Order on Board

20/01/2021

1. The petitioners in the present writ petition have claimed for direction to the respondents to consider the claim of the petitioner for being regularized.

2. Perusal of the records show that in the past the services of the petitioners were discontinued by the respondents and for which the petitioners had raised dispute before the labour Court vide case no. 237/I.D. Act/ Reference/2011. The said reference was answered in favour of the petitioners vide award dated 27.08.2012. The said award was subjected to challenge by the State by WPL 5181/2011. Vide the order dated 20.01.2021 the said writ petition of the State has been rejected. That after the rejection of the aforesaid writ petition the order of reinstatement and order of discontinuance being declared as illegal termination, stands affirmed.

3. Perusal of the records further show that after the award of the labour Court dated 27.08.2012 the petitioners herein were immediately reinstated in service and since then till date they are still working with the respondents and thus they are even after reinstatement put in about 10 years of service.

4. In view of the same the claim of the petitioner needs to be considered by the respondents for regularization keeping in view the judgment of the Division Bench of this Court referred in the case of Tukaram Vs. State of Chhattisgarh passed in WPS No.1703/2015 decided on 16.05.2017. The respondents are expected to take a decision on the claim for regularization within 90 days from the date of receipt of copy of this order.

5. With the aforesaid observations, the writ petition stands disposed of. Sd/- (P. Sam Koshy) Judge Rohit