Pyarelal Shrivastava v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4433 of 2017 Pyarelal Shrivastava S/o Late Manulal Shrivastawa, Aged About 50 Years Working As Daily Wagers On The Post Of Driver In The Office Of Divisional Forest Officer, Mahasamund, District Mahasamund, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Forest, Ministry At Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh.

2. Principal Chief Conservator Of Forest Aranya Bhawan, Medical College Road, Fafadih, Raipur, District Raipur, Chhattisgarh.

3. Chief Conservator Of Forest, Raipur Circle, Aranya Bhawan Raipur, District Raipur, Chhattisgarh.

4. Divisional Forest Officer, Mahasamund, District Mahasamund, Chhattisgarh. ---- Respondents For Petitioner :

Mr. R.K. Jha, Advocate For State :

Mr. Chandresh Shrivastava, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 04/09/2017 Heard.

1. The petitioner's grievance is that though the petitioner has been working continuously since 1992 as daily wage employee, his claim for regularization is not being considered under policy dated 05.03.2008 and now, the respondents have proceeded to make direct recruitment on the post of driver and if the vacant posts are filled up, the petitioner may not be considered for regularization.

2. If the petitioner has continuously worked as daily wage employee since 1982, he is entitled to be considered for regularization as per policy dated

05.03.2008 according to availability of vacancy. If the vacancies are available, daily wage employee is entitled to be considered for regularization and it is only when such eligible employees for regularization are not available or if considered and not found fit, available vacancies could be taken up for direct recruitment.

3. It would be appropriate that before finalization of process of recruitment in any vacancy available against which the petitioner could be considered for regularization as per circular dated 05.03.2008, the petitioner's claim for regularization is to be considered by duly constituted committee as per circular dated 05.03.2008 without further loss of time. A committee for scrutiny as per the provision contained in circular dated 05.03.2008 shall be constituted and shall be convened to consider the petitioner's claim for regularization and final decision will have to be taken within three months from the date of receipt of copy of this order. If as on today, the vacancies are available for regularization, the petitioner's claim shall be duly considered and it should not be frustrated on the ground that the posts are going to be filled up by direct recruitment.

4. The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha