Ramlal Dhiwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.3999 of 2017 • Ramlal Dhiwar S/o Gopelal Dhiwar, Aged About 50 Years Working As Sub Engineer, Kharang Water Resource Division, Bilaspur, District Bilaspur (Chhattisgarh).

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Water Resources Department, Mantralaya, P. S. Rakhi, Tahsil Aarang, Naya Raipur, District Raipur (Chhattisgarh).

2. Engineer In Chief, Water Resources Department, Raipur, District Raipur, (Chhattisgarh).

3. Chief Engineer, Water Resources Department, Bilaspur, District Bilaspur (Chhattisgarh).

4. Executive Engineer, Water Resources Department, Kharang Water Resource Division, Bilaspur, District Bilaspur (Chhattisgarh). ---- Respondents For Petitioner :

Shri CJK Rao, Advocate For Respondents :

Ms. Sunita Jain, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 14/09/2017 With the consent of the parties, the matter is taken up for hearing finally. 2.

Learned counsel appearing for the petitioner submits that the petitioner was initially appointed as Sub Engineer on ad hoc basis on 01-09-1988 against the clear vacant post. The services of the petitioner was continued with artificial break of two or three days in service and worked continuously till the date of his regularization. The petitioner was given the benefits of annual increments. 3.

The similarly situated employees have approached the State Administrative Tribunal (for short "SAT") in Original Application No.1979/91

(Satish Kumar Mandloi vs. State of MP and another) praying for similar relief as sought for in this petition. Learned counsel appearing for the petitioner submits that this case may also be disposed off in the same terms and conditions.

4.

Ms. Sunita Jain, learned counsel for the State in the light of the order of the SAT as aforestated submits that after verifying the facts of the case, petitioner's case shall be considered.

5.

In view of the foregoing and categorical statement made by the learned counsel appearing for the State, this petition is allowed in the same terms i.e. if the Committee finds the petitioner suitable for the post in all respect, he shall be regularized on the post held by him and shall also pay him salary on regular scale. He shall be entitled to salary for the dates on break in service. His seniority shall be counted from the date of his initial appointment. No costs. SD/- (Manindra Mohan Shrivastava) Judge Tumane