Pawan Shandilya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1649 of 2018 Pawan Shandilya S/o Late Shri Baldau Ram, aged about 46 years, Occupation-Daily wager employee, R/o Moti Talabpara, Ramaiya Ward No.17, Near Machhali Palan Kendra, Jagdalpur, District Bastar (C.G.). ---Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Department of Forest, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur (Chhattisgarh).

2. Chief Conservator of Forest, Jagdalpur Circle Jagdalpur, District Bastar (C.G).

---Respondents For petitioner :

Shir Ajay Shrivastava, Advocate.

For respondent No.1/State :

Shri Chandresh Shrivastava, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 21/02/2018 1.

The limited relief sought by the petitioner in the instant case is that, direction to the respondent No.2 to consider the case of the petitioner for granting regularization.

2.

The contention of the counsel for the petitioner is that, the petitioner has been working with the respondents since 1992 and as such he has worked with the department for more than 25 years. He further submits that, the case of the petitioner squarely falls within the condition stipulated in the policy of the State Government dated 05/03/2008 which was issued in the light of the judgment passed by the Hon'ble Supreme Court in the case of

Secretary, State of Karnataka & Ors. v. Uma Devi (3) & Ors, 2006 (4) SCC

1. He further submits that, the case of the petitioner was put before the scrutiny committee and who have also found the petitioner suitable and recommended the case of the petitioner for regularization. 3.

The contents of the petition are not disputed by the counsel for the State except for the requirement of verification of the facts from the official record. 4.

Given the aforesaid facts and circumstances of the case, this Court is of the opinion that no fruitful purpose would be served in keeping the Writ Petition pending.

5.

Therefore, the Writ Petition stands disposed off with a direction to the respondent No.2 to consider the case of the petitioner in the light of the circular of the State Government dated 05/03/2008. 6.

It is made clear that, this Court has not expressed any opinion so far as entitlement of the petitioner is concerned. The authorities concerned would consider the case of the petitioner strictly in accordance with the policy framed by the State Government in this regard. 7.

Let appropriate decision be taken by the concerned authorities within a period of 90 days from today.

8.

The Writ Petition stands disposed off.

Sd/- (P. Sam Koshy) Sumit JUDGE