Phoolchand Khobdagade v. Chhattisgarh State Ware Housing Corporation

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3506 of 2016 Phoolchand Khobdagade S/o Mangal Ram Khobdagade, Aged About 56 Years Caste- Mahar, R/o Village- Arjunda, Post- Arjunda, Tahsil- Gunderdehi, Distt. Balod, Chhattisgarh ---- Petitioner

Versus

1. Chhattisgarh State Ware Housing Corporation Through Its Managing Director, Chhattisgarh State Ware Housing Corporation, 22, Anand Nagar, Raipur, District Raipur, Chhattisgarh

2. Branch Manager, Chhattisgarh State Ware Housing Corporation, Oracha (Narayanpur), District Narayanpur, Chhattisgarh

3. Karmik Manager, Chhattisgarh State Ware Housing Corporation, Raipur, District Raipur, Chhattisgarh ---- Respondents ------------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Wasim Miyan, Advocate ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 09/08/2016 Heard on admission.

1.

The grievance of the petitioner is that even though the petitioner is continuously working as daily wages employee since 24.03.1993 under the service of respondents, his case for regularization as per Circular dated 05.03.2008 has not been taken into consideration whereas number of similarly situated daily wages employees have already been regularized by the respondent authority. 2.

In view of the contents of the petition, particularly, the statement made in affidavit that the petitioner is continuously working as daily wages employee since 24.03.1993, the petitioner's claim does not appear to be frivolous and requires examination and scrutinization in terms of Circular dated 05.03.2008 and judgment passed by Hon'ble

Supreme Court in the case of Secretary, State of Karnataka and others Vs. Uma devi (3) and others, 2006 (4) SCC 1. 3.

As the petitioner is aggrieved by inaction on the part of the respondent authority and not by any particular order, I am not inclined to keep the matter pending at this stage and accordingly the petition is disposed off with a direction to respondent No.1 to examine and scrutinize the petitioner's record of service and his case for regularization in terms of Circular dated 05.03.2008 and Judgment passed by the Hon'ble Supreme Court in the case of Uma Devi (supra) and take decision thereon within an outer limit of four months from the date of receipt of copy of this Order. Sd/- (Manindra Mohan Shrivastava) Judge Chandra