High Court Of ChhattisgarhWPS/3041/2012allowed

Rajendra Singh v. State Of C.G. And ORS

2016-02-29Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3041 of 2012 • Rajendra Singh Tilwar S/o Shri K.P. Singh Aged About 51 Years working as Assistant Grade-II, OfÏce Of Joint Director (Training) ITI Raipur Zone-Raipur, District Raipur (CG) ---- Petitioner

Versus

1. State of Chhattisgarh, Through its Secretary, Technical Education, Main Power, Science and Technology Department, D.K.S. Bhawan, Raipur (CG)

2. Director, Employment and Training, Women Polytechnic Campus, Bairan Bazar, Raipur (CG) ---- Respondent For Petitioner : Shri Vinod Deshmukh, Advocate.

For Respondents : Shri Rajendra Tripathi, Panel Lawyer. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 29/02/2016

1. The petitioner was initially appointed as Lower Division Clerk in the ITI, Raipur by the Principal of the said Institution on 1.2.1985 for a period of 6 months. Pursuant to the said order, the Joint Director, Training, Madhya Pradesh issued an order on 6.3.1985 appointing the petitioner on adhoc basis for a period of 6 months. The adhoc appointment was continued for a period of 6 months from time to time and thereafter vide order dated 15.12.1987, the petitioner was appointed on pay scale of Rs.870-1420/- on probation for a period of 2 years. By the said order, 71 persons were appointed as LDC.

2. Shri Deshmukh, learned counsel for the petitioner would submit that several candidates appointed by the same order have been granted the benefit of regular pay scale and seniority from the date of appointment, however, the petitioner has not been granted the said benefit as he did not approach the Court. He would refer to the orders passed by this Court in WPS No.2498/2005 (Prakash Narayan Sinha & Ors Vs. State of MP & Anr), WPS No.2985/2008 (Smt. Madhu Bala Singh & Ors. Vs. State of Chhattisgarh & Anr), WPS No.4453/2008 (Ku. Usha Mahobia Vs. State of CG and Anr), WPS No.2002/2008 (Suresh Kumar Pillai & Ors Vs. State of CG & Anr), WPS No.1844/2005 (G.R. Soni Vs. State of MP & Anr), WPS No.3170/2008 (Tika Ram Patel Vs. State of CG & Anr), WPS No.2986/2008 (Surendra Kumar Tamrakar Vs. State of CG & Anr.) and WPS No.2987/2008 (Bijay Chandra Bar Vs. State of CG & Anr).

3. Considering the orders passed by this Court in above-stated writ petitions in favour of similarly situated persons, this Writ Petition is also allowed in the same terms i.e. if the Screening Committee finds the petitioner suitable for the post in all respect, he shall be regularized on the post held by him and he shall also be paid salary on regular scale and his seniority shall also be counted from the date of initial appointment on probation.

Sd/- Judge (Prashant Kumar Mishra) Barve