Prakash Sindur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3216 of 2016

1. Prakash Sindur S/o Shri Rusi Sindur, Aged About 44 Years R/o Bus Stand Korba Distt. Korba (Chhattisgarh) At Present R/o Society Chowk Sakti P S Sakti District Janjgir Champa (Chhattisgarh)

2. Laxmi Prasad Sarthi S/o Shri Ganesh Ram Aged About 35 Years R/o Budhwari Bazar, Ward No. 3 Sakti P S Sakti District Janjgir Champa (Chhattisgarh)

3. Santosh Kumar Kuldeep S/o Shri Pardeshi Ram Aged About 48 Years R/o Budhwari Bazar, Ward No. 3 Sakti P S Sakti District Janjgir Champa (Chhattisgarh)

4. Subhash Machkhand S/o Shri Kamal Lochan Machkhand Aged About 36 Years Budhwari Bazar, Ward No. 3 Sakti P S Sakti District Janjgir Champa (Chhattisgarh) ---- Petitioners

Versus

1. State Of Chhattisgarh Through : The Principal Secretary, Department Of Urban Administration And Development Mahanadi Bhawan, New Mantralaya, Raipur (Chhattisgarh) Pin 492001

2. Director, Department Of Urban Administration And Development Mantralaya New Raipur Distt. Raipur (Chhattisgarh) Pin 492001

3. Joint Director, Department Of Urban Administration And Development Bilaspur (Chhattisgarh)

4. Chief Municipal Officer, Nagar Palika Parishad Sakti, Distt. Janjgir Champa (Chhattisgarh) ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioners : Mr. Dheerendra Pandey, Advocate For State / Respondent : Mr. R.K. Gupta, Dy. A.G. on advance copy Nos. 1 to 3 --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/07/2016 Heard.

1.

The petitioners have filed this petition seeking a direction for consideration of their claim of regularization. 2.

According to the petitioners, they being a daily wages employees since 31.12.1997 are entitled to be considered for regularization in

terms of Circular dated 05.03.2008 passed by the State Government and the judgment of Hon'ble Supreme Court passed in the case of Secretary, State of Karnataka and others v. Uma Devi (3) and others. They submit that the cases have already been considered by the employer and has found that the posts are not available to regularize daily wages employee like the petitioners. The proposal has already been made by Nagar Palika Parishad to the Joint Director.

3.

The petitioners have placed on record a copy of resolution dated 12.07.2013 of the President in Council, which shows that the Council has resolved to appoint the petitioners and for that purpose proposal has been sent to the competent authority of the State Government for creation vacancies.

4.

In view of the above, without commenting upon merits of the case, this petition is disposed off at this stage with a direction to the Joint Director to consider the proposal of the Nagar Palika Parishad and take appropriate decision in the matter of creation of posts. In the event, the sanction is granted for creation of the posts, it would be open for the Nagar Palika Parishad to consider the petitioners' claim of regularization however in accordance with the contents of circular dated 05.03.2008 and judgment of Hon'ble Supreme Court passed in in the case of Uma Devi (supra).

Sd/- (Manindra Mohan Shrivastava) Judge Chandra