← Library
High Court Of ChhattisgarhWPS/4508/2017disposed off

Leela Ram v. State Of Chhattisgarh

2017-09-05Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4508 of 2017

1. Leela Ram S/o Late Aadhar Sahu Aged About 55 Years R/o Village Mahuabhata, Police Station Saja, District Bemetara, Posted As A Labour (Daily Wager) In Government Agriculture Firm, Mohgaon, District Bemetara, Chhattisgarh.

2. Kallu S/o Late Durjan Sahu, Aged About 55 Years R/o Village Mahuabhata, Police Station Saja, District Bemetara, Posted As A Labour (Daily Wager) In Government Agriculture Firm, Mohgaon, District Bemetara, Chhattisgarh. ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Agriculture Department, Mahanadi Bhawan, Naya Mantralay, Naya Raipur, District Raipur, Chhattisgarh.

2. Joint Director, Agriculture Department, Raipur Region, District Raipur, Chhattisgarh.

3. Deputy Director, Directorate Agricultural Department, District Raipur, Chhattisgarh.

4. Collector, Bemetara, District Bemetara, Chhattisgarh. ---- Respondents For Petitioner : Shri Shikhar Bakhtiyan, Advocate For State :

Shri Satish Gupta, Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 05/09/2017 Heard.

1. The grievance as ventilated through this petition arises on account of nonconsideration of petitioners' claim of regularization as per regularization policy dated 05-03-2008 promulgated by the State Government to consider the cases of eligible daily wage employees for regularization as one time measure in view of the judgment of the Supreme Court in the case of the Secretary, State of Karnataka and others vs. Uma Devi and Others, AIR 2006 SC 1806. The

-2petitioners are continuously working as daily wage employee without considering their cases of regularization eversince 1981 to 1986. It is submitted that the petitioners have completed long period in public service without regularization.

2. Considering that the petitioners have been working continuously since many decades, it is necessary that their cases ought to be considered and decided in accordance with regularization policy dated 05-03-2008.

3. In these circumstances, the case of the petitioners requires suitable consideration by the respondent No.2 to immediately examine the petitioners' claim of regularization by a duly constituted committee as per the directions dated 05-03-2008. The committee shall examine all the records and consider the case of the petitioners and take decision thereon within a period of 90 days without fail. The result shall be communicated to each of the petitioners by respondent No.2.

4. Accordingly, the petition, at this stage is finally disposed off. The case of the petitioners, who are working continuously since many decades as daily wage employee, should be decided within the stipulated time period. Sd/--/ (Manindra Mohan Shrivastava) Judge Praveen