High Court Of ChhattisgarhWPS/1144/2020disposed off

Tulsiram Yadav v. State Of Chhattisgarh

2020-02-27Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1144 of 2020 Tulsiram Yadav S/o Shri Late Kejauwa Ram Yadav Aged About 33 Years Working to the Post Of Driver as a Daily Wager at Krishi Upaj Mandi Samiti, Mungeli, R/o Village Raitrakala, Post Kosamtara, Tahsil Lormi, District Mungeli Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh, Through Its Secretary, Agriculture And Bio Technology Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh.

2. Chhattisgarh State Agriculture Marketing Board Through Its Managing Director, Chhattisgarh State Agriculture Marketing Board, Bij Bhawan, GE Road, Telibandha Road, District Raipur Chhattisgarh. 492006

3. Secretary/Sachiv, Krishi Upaj Mandi Samiti, Mungeli, District Mungeli Chhattisgarh.

---- Respondents For Petitioner :

Shri Vinod Deshmukh, Advocate.

For State :

Shri Priyank Rathi, PL.

For respondents No.2 & 3 :

Shri Y.S. Thakur, Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 27/02/2020 Heard.

1. The petitioner was initially terminated which was subject of challenge before the labour court and the labour court by its award dated 4/08/2011 ruled in favour of the petitioner whereby he was reinstated with continuity of service and 50% back wages. The same was subject of challenge in WPL No.6460/2011 wherein this court on 19/12/2019 has dismissed the petition filed by the Krishi Upaj Mandi Samiti, Mungeli, however 50% back wages were disallowed. Thereafter the petitioner has filed an application Annexure P-10 dated 23/12/2019 for regularization of the service to the Secretary,

Krishi Upaj Mandi Samiti, Mungeli. It is prayed that same may be directed to be decided by the Secretary, Krishi Upaj Mandi Samiti, Mungeli in accordance with law.

2. Learned counsel for the respondents do not oppose to the prayer made.

3. Considering the fact that at this stage only prayer has been made by the petitioner that the application filed before the respondent for regularization of the petitioner's service may be decided. In view of the background of this case that reinstatement of the petitioner has already been upheld with consequential benefit, it is directed that respondent No.3 Secretary, Krishi Upaj Mandi Samiti, Mungeli shall decide the application Annexure P-10 dated 23/12/2019 within an outer limit of four months from the date of receipt of copy of this order.

4. With such observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) Judge gouri