Keshav Ram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 1849 of 2019

1. Keshav Ram S/o Rakhu Ram Aged About 61 Years Working As Chowkidar, Office Of Jal Prabandh Sub Division -9, Rudri, Gangrel, Block Dhamtari, District Dhamtari Chhattisgarh

2. Bandhu Ram S/o Nanhairam Aged About 58 Years Working As Chowkidar, Office Of Jal Prabandh Sub Division -1, Rudri, Gangrel, Block Dhamtari, District Dhamtari Chhattisgarh

3. Santram S/o Bulkhiram Aged About 58 Years Working As Chowkidar, Office Of Jal Prabandh Sub Division -1, Rudri, Gangrel, Block Dhamtari, District Dhamtari Chhattisgarh

4. Radhelal Nagpure S/o Prithvilal Nagpure Aged About 52 Years Working As Helper, Office Of Store Sub Division, Rudri, Gangrel, Block Dhamtari, District Dhamtari Chhattisgarh

5. Vijay Kumar Kashyap S/o Jiwan Lal Kashyap Aged About 61 Years Working As Assistant Fitter, Sub Division Office, Gangrel, Block Dhamtari, District Dhamtari Chhattisgarh

6. Babulal Sahu S/o Ganesh Ram Sahu Aged About 52 Years Working As Helper, Office Of Mechanical Engineering Kada, Sub Division Rudri, Block Dhamtari, District Dhamtari Chhattisgarh ---- Petitioners

Versus

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

2. Chief Engineer Mahanadi Pariyojana Water Resources Department, Raipur District Raipur Chhattisgarh

3. Superintendent Engineer, Mechanical And Engineering Division, Water Resources Department, Raipur District Raipur Chhattisgarh

4. Sub Divisional Officer Mechanical And Engineering Division, Rudri, Gangreal, District Dhamtari Chhattisgarh ---- Respondents For Petitioners :

Mr. Harish Khuntiya, Advocate.

For State :

Ms. Sunita Jain, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 25.03.2019 The present petition under Article 226 of the Constitution of India has been filed for a direction to the respondents to grant regular pay-scale to the petitioners under the contingency services immediately on completion of three years of service from the initial date of appointment. 2.

Learned counsel for the petitioners submits that the petitioners are in employment since 1982- 1986 and therefore they are entitled for grant of regular pay-scale after completion of three years service. He further submits that similar reliefs have already been granted to certain persons whose services were also regularized in the State Government in the year 2008. He refers to an order dated 10.03.2015 stating that the said order is in respect of identically placed persons.

3.

At this juncture, learned State counsel submits that it would be better if the petitioners file detailed fresh representation to respondents 3 & 4 along with all relevant documents in support of their claim including the orders of the State Government as also the orders of the High Court in other connected

petitions. He further submits that in case representation is made, the respondents 3 & 4 shall decide the same within a further period of three months from the date of receipt of the representation. 4.

The proposal of the State counsel is acceptable to the counsel for the petitioners.

5.

Accordingly, the present writ petition stands disposed of with liberty to the petitioners to file fresh representation to respondents 3 & 4 along with all relevant documents in this regard giving benefit to similarly placed persons and on such representation being made, respondents 3 & 4 shall dispose off the same within a period of 90 days form the date of receipt of the representation.

6.

It is made clear that this Court has not expressed any opinion so far as the entitlement of the petitioners are concerned. The Authorities shall be free to take a decision purely in accordance with the rules governing the field. 7.

No order as to costs.

Sd/- P. Sam Koshy Judge Khatai