Prabhu Lal Sendre And ORS. v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 6292 OF 2007

1. Prabhu Lal Sendre, aged about 48 years, S/o late Kriparam Sendre, R/o TTC Colony, Mana Camp Quarter No.40, Raipur (CG).

2. Premlal Ogare S/o Late Bhola Ram Ogare Resident Of Maana Camp Infront Of P.L. House No. 01 Raipur (CG).

3. Nainabai Dhruw Widow Of Late Dasharu Ram Aged About 57 Years T.T.C. Colony Mana Camp Raipur (CG).

4. Kapoor Chand Baghel S/o Chetan Baghel Resident Of Village G. Jamgaon Distt-Raipur (CG).

5. Fenucharan Bharti S/o Shri Kaliya Ram Bharti Resident Of P.T.C. Colony Mana Camp Qtr. No. 65 Raipur (CG).

6. Brij Lal Banjare S/o Shri Chandu Lal Banjare Resident Of Village And Post Mana Basti Raipur Cg

7. Ramadhar Sahu S/o Late Shri Kanhaiya Lal Sahu R/o If P.T.C. Colony Mana Camp Raipur (CG).

8. Aatma Ram Ratre S/o Late Brij Das Ratre Resident Of Village Bhatgaon Post Mana Basti Raipur (CG).

...Petitioner(s)

Versus

1. State Of Chhattisgarh through the Secretary Department Of General Administration Dau Kalyan Singh Bhawan Raipur (CG).

2. Director Technical Education Raipur (CG).

3. The Secretary Department Of General Administration Dau Kalyan Singh Bhawan Raipur (CG).

4. Principal Industrial Technical Institute Maana Raipur (CG). ... Respondent(s) For Petitioners :

Shri Chandresh Shrivastava and Ms. Juhi Jaiswal, Advocates.

For Respondent-State :

Shri Mazid Ali, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 17.08.2018 1.

There were two substantive reliefs sought for by the petitioners in the present writ petition. One was challenging the advertisement published on 03.10.2007 for filling up of the post of Class-IV employee. The second relief sought for was that the respondents may consider the claim of the petitioners for regularization/

absorption as they are working uninterruptedly with the respondents for a considerable period of time.

2.

So far as challenge to the advertisement dated 03.10.2007 is concerned, since there was no interim protection granted to the petitioners therefore by efflux of time i.e. 11 years down the line, the said relief has lost its efficacy.

3.

So far as the claim for absorption/regularization is concerned, this court does not intend to keep this petition pending as the State Govt. itself has subsequent to the filing of the present petition published a circular dated 05.03.2008 wherein they had framed certain guidelines for regularization of those persons who had worked in between 01.01.1989 to 31.12.1997.

4.

Given the aforesaid facts, the present petition stands disposed of with a direction to the respondents that in case if the petitioner's claim for regularization has not been considered till now, let the respondents consider their claim for regularizing them in service in accordance with circular of the State Govt. dated 05.03.2008. Let this exercise be concluded, if not done till now, within an outer limit of 90 days from the date of presentation of this order. It shall be the responsibility of the petitioners to apprise the respondents so far as this order is concerned.

5.

With the aforesaid observations, the petition stands disposed of. Sd/- (P. Sam Koshy Judge inder