High Court Of ChhattisgarhWPS/2589/2015disposed off

Shivnath v. State Of Chhattisgarh

2015-07-21Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2589 of 2015 • Shivnath S/o Lallu Singh, Age about 43 years, R/o Gram Bhdoara, Post Sentoriyam, Thana Pendra Road Gaurela, Tah. Pendra Road, District Bilaspur (C.G.) ---- Petitioner

Versus

• State of C.G. Through Secretary, Public Works Dept. Naya Raipur, Mantralaya, Raipur (C.G.) • Chief Engineer, Bilaspur (*C.G.) • Executive Engineer, Pendra Division, Pendra Road, District Bilaspur (C.G.) ---- Respondents For Petitioner Mr. K.P.S. Gandhi, Advocate.

For Respondent/State Mr. Y.S. Thakur, Dy. A.G.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board By 21/7/2015 Heard learned counsel for the parties.

2. Grievance of the petitioner is that though the petitioner is working as daily wager before 31.12.1997, but the petitioner's case is not being considered for regularization in accordance with the circular of the State Government dated 5-3-2008.

3. In reply to above, State counsel submits that if the petitioner files a fresh representation along with copy of the petition, the same shall be considered in accordance with law.

4. In view of the above, the writ petition is disposed of. If the petitioner files a fresh representation along with copy of the petition, then, the competent authority of the respondents is directed to consider and decide the petitioner's case for regularization strictly in accordance with State Government's circular dated 5-3-2008 issued in compliance of the decision of the Supreme Court in Secretary, State of Karnataka and Others v. Umadevi (3) and Others1, on its own merits and in accordance with law, as early as possible, preferably, within a period of six months from the date of receipt of representations.

5. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the representation, on its own merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case. Sd/- Judge (Prashant Kumar Mishra) Shyna