Sanjeev Kumar Manjhi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.1766 OF 2019

1. Sanjeev Kumar Manjhi S/o Shri Bhagwan Das Manjhi Aged About 38 Years Working As Radiographer, Coomunity Health Centre, Bhaiyathan, Block Bhaiyathan, District- Surajpur, Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through The Secretary, Helarth And Family Welfare Department, Mahanadi Bhawan, Mantralya, Atal Nagar Raipur, DistrictRaipur, Chhattisgarh.

2. Director Health Services, Raipur, District- Raipur, Chhattisgarh.

3. Chief Medical And Helath Officer Surajpur, District- Surajpur, Chhattisgarh

4. Block Medical Officer Bhaiyathan, District- Surajpur, Chhattisgarh. ... Respondent(s) For Petitioner :

Shri CJK Rao, Advocate.

For Respondent-State :

Shri Sameer Behar, Panel Lawyer.

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

The claim of the petitioner is for a direction to the respondents to consider his case for regularization under the respondents. 2.

The contention of the petitioner is that the petitioner was initially appointed in the year, 2003 on contractual basis and he is in service till date and as such he has put in more than 15 years of service. Further contention of the petitioner is that initial appointment of the petitioner also was after undergoing process of selection under the service rules framed by the State Govt. pertaining to contract appointment. The petitioner is working against the sanctioned vacant post and therefore he may be considered for regularization. 3.

The petitioner further submits that in the same department the cases of other candidates working on the post of Ward Boy are under consideration by the authorities and the petitioner is identically

placed and therefore his case may also be considered by the authorities along with other similarly placed persons. 4.

Given the aforesaid factual matrix of the case as stated by the counsel for the petitioner, subject to verification of the facts by the respondents, let the respondents authorities consider the case of the petitioner also for regularization taking into consideration the length of service that the petitioner has put in and also taking note of the fact that the petitioner was initially appointed after undergoing due process of selection. While deciding the claim of the petitioner, the authorities would also take note of the circular of the State Govt. dated 05.03.2008 and other subsequent circulars issued in this regard.

5.

The respondents are expected to take a decision in the case of the petitioner within a period of 90 days from the date of receipt of copy of this order.

6.

The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder