Lalit Kumar Tirkey v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 769 of 2020 • Lalit Kumar Tirkey S/o Shri Harbal Tirkey Aged About 40 Years R/o Village Post Pandaripani, Tahsil Kunkuri, District Jashpur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh

2. The Collector Jashpur District Jashpur Chhattisgarh

3. Assistant Commissioner Tribal Welfare, Jashpur District Jashpur Chhattisgarh

4. The District Education Officer Jashpur District Jashpur Chhattisgarh

5. The Block Education Officer Block Education Office, Kunkuri District Jashpur Chhattisgarh ---- Respondents For Petitioners :

Mr. Kunal Das on behalf of Mr.Neeraj Pradhan, Advocate For State/Respondents :

Mr. Avinash Singh, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 04.02.2020

1. Grievance of the petitioner is that the petitioner was appointed as Parttime Sweeper on 22.08.2007. It is contended that though the petitioner is rendering more than 12 years of service but they have not been absorbed as Full-time employee. It is stated that as per Annexure P-5, one Sita Bai has been absorbed in the establishment as Full-time employee and likewise the other persons have also been given the said benefit. The petitioner stated that he have rendered more than 12 years of service despite that he is still continued on the post of Part-time Sweeper. It is further stated that the petitioner claim the parity as has been granted to the other likewise persons who have been granted the status of Full-time

employee and who were at the same footing that of the petitioner. The petitioner contend therefore the petitioner has made a representation to the District Education Officer, Jashpur; however, the same has not been decided. Therefore, considering the parity and status of the petitioner with that of others, the representation of the petitioner may be decided.

2. Taking into such fact, prima facie, it appears that the petitioner though was appointed in 2007, he is still working as Part-time Sweeper. As it has been alleged that the services are being rendered on full-time basis and likewise other persons have granted the benefit of status of full-time employee, the petitioner is given liberty to make a fresh representation within a period of three weeks to the District Education Officer, Jashpur, who in turn shall decide the claim of the petitioner within a further period of 45 days from the date of receipt of the copy of representation.

3. With such observation, the petition stands disposed off. Sd/- (Goutam Bhaduri) Judge Jyoti