Vishambhar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2163 of 2020 Vishambhar S/o Shri Munnalal Aged About 55 Years Working In Municipal Corporation, Bilaspur, R/o Jarhabhata Kumharpara, Bilaspur, Tahsil And District- Bilaspur, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of Urban Administration And Development, Mahanadi Bhavan, Raipur, District- Raipur, Chhattisgarh.

2. The Joint Director Department Of Urban Administration And Development, R.D.A. Bhavan, District- Raipur, Chhattisgarh.

3. The Commissioner Municipal Corporation, Bilaspur, DistrictBilaspur, Chhattisgarh. ---Respondents For petitioner - Shri M. K. Sinha , Advocate. For respondent No.3- Shri Pankaj Agrawal, Advocate. Hon'ble Shri Justice Goutam Bhaduri Order 15/06/2020 Heard.

1.

Learned counsel for the petitioner would submit that the petitioner is working as class-IV employee with respondent No.3, Municipal Corporation, Bilaspur for last more than 15 years. It is contended that the petitioner till date he has not been regularized despite the fact that he has rendered his service for last more than 15 years. He referred to the judgement rendered by the Supreme Court in case of Sheo Narain Nagar Vs. State of U.P. reported in (2018) 13 SCC 432 and latest judgement passed in the case of Rajnish Kumar Mishra & ors. Vs. State of Uttar Pradesh & ors. decided on 13/12/2019 and would submit that under these circumstances the petitioner is liable to be considered for regularization.

2.

Learned counsel for respondent No.3 would submit that the petitioner may take liberty to file representation with respondent No.3 which would be decided in the facts of the case. 3.

Considering the submission made by the parties, at this stage the petitioner may make representation to the respondent No.3, Municipal Corporation, Bilaspur seeking his regularization. The petitioner shall also be entitled to attach necessary documents alongwith representation for consideration by the respondent No.3. The petitioner shall be at liberty to make representation within a period of four weeks from today. The representation as and when is received, the Commissioner, Municipal Corporation, Bilaspur shall decide the same within a period of four months from the date of receipt of representation. It is made clear that this court has not made any observation on the merits of the case. 4.

With such observation, the writ petition stands disposed of. Sd/- (Goutam Bhaduri) JUDGE gouri