High Court Of ChhattisgarhWPS/934/2021disposed off

Chaituram v. State Of Chhattisgarh

2021-03-10Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 934 of 2021

1. Chaituram S/o Shri Nirdhin Aged About 55 Years R/o Village- Sivni Tahsil District- Janjgir-Champa, Chhattisgarh.

---Petitioner(s)

Versus

1. State of Chhattisgarh Through Secretary Department of Water Resources, Atal Nagar Mantralaya, Nava Raipur, Raipur, Chhattisgarh.

2. The Executive Engineer Hasdev Canal Water Management Division Janjgir, Police Station- Janjgir, District- Janjgir-Champa, Chhattisgarh. ---Respondents For Petitioner :

Shri Pawan Kumar Kashyap, Advocate.

For Respondent State :

Shri Wasim Miyan, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 10.03.2021

1. Heard.

2. Grievance of the petitioner, as ventilated through this petition is that even though the petitioner is continuing as daily wage employee since long, his claim for regularization has not been decided till date. It is submitted that though the petitioner was terminated in the year 1996, award of reinstatement was passed in his favour by the Labour Court in the year 2012 with the legal consequence that the petitioner shall be deemed to be in service from the initial date of appointment in the year 1989.

3. If the case of the petitioner is considered treating his initial date of appointment as in the year 1989, he would be entitled to be considered for regularization under circular dated 05/03/2008 issued for consideration of cases of regularization pursuant to direction of the Supreme Court in the case of Secretary, State of Karnataka and others Vs. Uma Devi (3) and others, 2006 (4) SCC 1 for consideration of cases of those, who have completed 20 years of service.

-24. After going through the records and orders passed by the Labour Court, it is quite clear that the effect of the order would be that the petitioner shall be deemed to be in service without any break. This would entitle the petitioner for due consideration for regularization under circular dated 05/03/2008. It is ordered accordingly.

5. Let the case of the petitioner be considered by a duly constituted Committee as per policy dated 05/03/2008 and a decision be taken within an outer limit of three months from the date of receipt of copy of this order. Sd/- (P. Sam Koshy) Judge inder