High Court Of ChhattisgarhWPS/1273/2020disposed off

H.P. Mishra v. State Of Chhattisgarh

2020-02-25Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1273 of 2020 H.P. Mishra, S/o. Shri Mahaveer Prasad Mishra, Aged About 52 Years, R/o. H-65, Sinchai Colony, Shanti Nagar, Raipur, District Raipur Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Department Of Water Resources, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh.

2. Engineer-In- Chief, Department Of Water Resources, Shivnath Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh.

3. Executive Engineer, Water Resources Department, Division Raipur, Civil Lines, District Raipur, Chhattisgarh.

---- Respondents For Petitioner :

Mr. K.P.S.Gandhi, Advocate For State/Respondents :

Ms. Richa Shukla, Dy. Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 25.02.2020 Heard.

1. Grievance of the petitioner, as ventilated through this petition is that even though the petitioner is continuing as daily wage employee since long, his claim for regularization has not been decided till date. It is submitted that though the petitioner was terminated in the year 1995, award of reinstatement was passed in his favour by the Labour Court in the year 2014 with the legal consequence that the petitioner shall be deemed to be in service from the initial date of appointment in the year 1990.

2. If the case of the petitioner is considered treating his initial date of appointment as in the year 1990, he would be entitled to be

considered for regularization under circular dated 05/03/2008 issued for consideration of cases of regularization pursuant to direction of the Supreme Court in the case of Secretary, State of Karnataka and others Vs. Uma Devi (3) and others, 2006 (4) SCC 1 for consideration of cases of those, who have completed 20 years of service.

3. After going through the records and orders passed by the Labour Court, it is quite clear that the effect of the order would be that the petitioner shall be deemed to be in service without any break. This would entitle the petitioner for due consideration for regularization under circular dated 05/03/2008. It is ordered accordingly.

4. Let the case of the petitioner be considered by a duly constituted Committee as per policy dated 05/03/2008 and a decision be taken within an outer limit of three months from the date of receipt of copy of this order.

Sd/- (Goutam Bhaduri) Judge ashok