Mukesh Prasad Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.757 OF 2019

1. Mukesh Prasad Yadav S/o Shri Rambrat Prasad Yadav Aged About 32 Years Working As Post Of Chowkidar At Govt. Middle School Bhadiya, Tahsil- Bagicha, District- Jashpur, Chhattisgarh.

2. Smt. Anjani Bai W/o Shri Janardan Gwala Aged About 30 Years Working As Post Of Chowkidar At Govt. Tribal Welfare Department Girls Ashram Chundapath, Tahsil- Bagicha, District- Jashpur, Chhattisgarh.

3. Rajuram Tandon S/o Shri Ramkumar Tandon Aged About 39 Years Working As Post Of Rasoiya At Govt. Pre Metric Boys Hostel Lodam, Tahsil- Jashpur, District- Jashpur, Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through The Secretary, Tribal Welfare Department, Mantralaya, Mahanadi Bhawan, New Raipur, Chhattisgarh.

2. The Assistent Commissioner Through Tribal Welfare Department, Jashpur, District- Jashpur, Chhattisgarh.

3. The Collector Through Jashpur, District- Jashpur, Chhattisgarh.

4. Block Education Officer Through Bagicha, District- Jashpur, Chhattisgarh.

5. Block Education Officer Through Jashpur, District- Jashpur, Chhattisgarh. ... Respondent(s) For Petitioner :

Shri Manoj Chauhan, Advocate.

For Respondent-State :

Shri Anshuman Shrivastav. P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06.02.2019 1.

The limited relief which the petitioners have sought is for a direction to the respondents to consider the case of the petitioners for regularization in the department.

2.

According to the petitioners they have been serving under the respondents for the last more than 10 years and in the light of the judgment of the Hon'ble Supreme Court in the case of "State of Karnataka and Others Vs. Uma devi (3) & Others, 2006(4) SCC 1 , as a onetime major, the authorities should consider the case for regularization of such employees, whose appointment otherwise is not illegal.

3.

Given the facts, which is not disputed by the State counsel, this Court is of the opinion that ends of justice would meet if writ petition stands disposed off with a direction to the respondent No.2 to

consider the case of the petitioners for regularization keeping in view the observations of the Hon'ble Supreme Court in the case of "Uma Devi" (supra).

4.

With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge inder