Bholaram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2442 of 2019 1.

Bholaram, S/o Amir Sai Aged About 51 Years Presently Working As Gangman In The Office Of Sub Divisional Officer, Public Works Department, Surajpur, District Surajpur, Chhattisgarh 2.

Kulwant Singh, S/o Sukhram Aged About 61 Years Presently Working As Gangman In The Office Of Sub Divisional Officer, Public Works Department, Surajpur, District Surajpur, Chhattisgarh Bal Sai, S/o Sukhlal Aged About 59 Years Presently Working As Gangman In The Office Of Sub Divisional Officer, Public Works Department, Surajpur, District Surajpur, Chhattisgarh Devratan, S/o Kolai Aged About 55 Years Presently Working As Gangman In The Office Of Sub Divisional Officer, Public Works Department, Surajpur, District Surajpur, Chhattisgarh Neg Sai, S/o Anandi Aged About 56 Years Presently Working As Gangman In The Office Of Sub Divisional Officer, Public Works Department, Surajpur, District Surajpur, Chhattisgarh 6.

Fekhuram, S/o Thakur Aged About 57 Years Presently Working As Gangman In The Office Of Sub Divisional Officer, Public Works Department, Surajpur, District Surajpur, Chhattisgarh 7.

Amir Sai, S/o Pradhan Aged About 60 Years Presently Working As Gangman In The Office Of Sub Divisional Officer, Public Works Department, Surajpur, District Surajpur, Chhattisgarh 8.

Bannu Ram, S/o Ramdhan Aged About 60 Years Presently Working As Gangman In The Office Of Sub Divisional Officer, Public Works Department, Surajpur, District Surajpur, Chhattisgarh 9.

Ramdhan, S/o Kunwar Sai Aged About 57 Years Presently Working As Gangman In The Office Of Sub Divisional Officer, Public Works Department, Surajpur, District Surajpur, Chhattisgarh 10.

Harak Sai, S/o Uday Ram Aged About 56 Years Presently Working As Gangman In The Office Of Sub Divisional Officer, Public Works Department, Surajpur, District Surajpur, Chhattisgarh

11.

Suphal Ram, S/o Uday Ram Aged About 54 Years Presently Working As Gangman In The Office Of Sub Divisional Officer, Public Works Department, Surajpur, District Surajpur, Chhattisgarh ---- Petitioners

Versus

1.

State Of Chhattisgarh, Through The Secretary, Public Works Department Mahanadi Bhawan Mantralaya Atal Nagar Raipur District Raipur, Chhattisgarh 2.

Engineer In Chief, Public Works Department Raipur District Raipur, Chhattisgarh Chief Engineer, Public Works Department Bilaspur District Bilaspur, Chhattisgarh Superintendent Engineer, Public Works Department Ambikapur Division Ambikapur District Surguja, Chhattisgarh Sub Divisional Officer Public Works Department Surajpur District Surajpur, Chhattisgarh ---- Respondents For Petitioners : Mr. C. Jayant K. Rao, Advocate.

For State : Mr. Rahul Mishra, Dy. Government Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 04/04/2019 1.

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 from 1985 - 1990 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.

At this juncture, learned State counsel submits that it would be better if the petitioners file detailed fresh representation to respondent no. 3 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 respondent no.3 shall decide the same within a further period of three months from the date of receipt of the representation. The proposal of the State counsel is acceptable to the counsel for the petitioners.

Accordingly, the present writ petition stands disposed of with liberty to the petitioners to file fresh representation to respondent no.3 along with all relevant documents in this regard giving benefit to similarly placed persons and on such representation being made, respondent no.3 shall dispose off the same within a period of 90 days from 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