Smt. Champa Nayak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.1770 OF 2019

1. Smt. Champa Nayak D/o Shri Mutar Nayak Aged About 32 Years Working As Post Of Chowkidar At Govt.Tribal Department 50 Seater Ashram School Kusumtoli (Bachharao) Tahsil Bagicha District Jashpur Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through The Secretary, Tribal Welfare Department, Mantralaya, Mahanandi Bhawan, New Raipur District Raipur Chhattisgarh.

2. Assistant Commissioner Tribal Welfare Department, Jashpur District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh

3. The Collector Jashpur District Jashpur Chhattisgarh.

4. Block Education Officer Bagicha District Jashpur Chhattisgarh. ... Respondent(s) For Petitioner :

Shri Manoj Chauhan, Advocate.

For Respondent-State :

Shri Sameer Behar, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 15.03.2019 1.

The limited relief which the petitioner has sought is for a direction to the respondents to consider the case of the petitioner for regularization in the department.

2.

According to the petitioner he has been serving under the respondents for the last more than 11 years and in the light of the judgment of the Hon'ble Supreme Court in the case of "State of Karnataka and Others Vs. Umadevi (3) & Others, 2006(4) SCC 1, as a onetime major, the authorities should consider the case for regularization of such employees, whose appointment otherwise is not illegal.

3.

Given the facts, which is not disputed by the State counsel, this Court is of the opinion that ends of justice would meet if writ petition stands disposed off with a direction to the respondent No.2 to

consider the case of the petitioner for regularization keeping in view the observations of the Hon'ble Supreme Court in the case of "Uma Devi" (supra).

4.

With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge inder