Shiv Prasad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.747 OF 2019

1. Shiv Prasad S/o Shri Balbhadra Ram Aged About 38 Years,

2. Smt. Indu Kiran W/o Shri Jageshwar Ram Bhagat Aged About 34 Years Both R/o Shri Ram Krishna Aashram, Bagicha, District Jashpur Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through Secretary, Tribal Welfare Department, Mahanadi Bhawan, Police Station - New Raipur, Tahsil And District - Raipur Chhattisgarh.

2. Commissioner Tribal Welfare Raipur, Police Station - Civil Lines, Raipur District - Raipur Chhattisgarh.

3. Shri Ram Krishna Aashram Through Its President, Pandrapath, Bagicha, District - Jashpur Chhattisgarh.

4. The President Shri Ram Krishna Aashram, Pandrapath, Bagicha, DistrictJashpur Chhattisgarh. ... Respondent(s) For Petitioner :

Shri Vaibhav A Gowardhan, Advocate.

For Respondent-State :

Ms. Sunita Jain, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 05.02.2019

1. The limited grievance which the petitioners have raised in the present writ petition is that the petitioners have been working with the respondents for over a decade and they should be considered for regularization in accordance with the circular of the State Govt. dated 05.03.2008 and other circulars subsequently issued.

2. The counsel for the petitioners submits that there are sanctioned vacant posts available in the department and there is also availability of work which stands established from the fact that the petitioners have been working for more than 10 years.

3. Given the aforesaid factual matrix, this court is not inclined to keep this petition pending, rather ends of justice would meet if the respondents No.1&2 are directed to consider the claim of the petitioners for

regularization, subject to their fulfilling other requisite eligibility criteria and having the minimum qualification prescribed under the rules and circulars governing the field, at the earliest preferably within a period of four months from the date of receipt of certified copy of this order.

4. The petitioners, in addition, are also directed to file appropriate representation to respondents No.1&2 again within a period of three weeks from today.

5. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder/jyoti