Mohan Kumar Soni v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3163 of 2018 Mohan Kumar Soni S/o Late Narayan Prasad Soni, Aged About 45 Years Residence- Ajad Nagar Sarbahara, P.O., P.S. And Tehsil Pendra Road, District Bilaspur, Chhattisgarh, Now Working As Pump Operator At Nagar Panchayat, Gorela, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Principal Secretary, Department Of Urban Administration And Development Mantralay, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Director, Department Of Urban Administration And Development, Mantralay, Naya Raipur, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Joint Director, Department Of Urban Administration And Development, Mantralay, New Raipur, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

4. Chief Municipal Officer, Nagar Panchayat, Gorella, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondents ------------------------------------------------------------------------------------------- For Petitioner :

Mr. D. K. Swain, Advocate.

For State :

Mr. Chandresh Shrivastava, PL ---------------------------------------------------------------------------------------------- - Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 19/04/2018 1.

The petitioner was employee of Nagar Panchayat seeking a direction to the consideration of the case for regularization according to the policy of the Government.

2.

Learned State counsel submits that regularization can be claimed only in accordance with the policy of regularization in force

and the judgment of the Supreme Court in the case of Secretary, State of Karnataka and others V. Uma Devi (3) and others, (2006) 4 SCC 1. 3.

Considering the submission and after going through the pleadings and document on record, I find that the petitioner who is continuing for long time and their claim does not appear to be frivolous in the light of the judgment of the Supreme Court in the case of Uma Devi (Supra) and circular issued by the State Government from time to time. Therefore, in these circumstances, it would be expedient in the interest of justice to dispose off this petition with a direction to respondent No. 4 to take appropriate decision to consider the claim of the petitioner and take final decision thereon within a period of four months from the date of receipt of copy of this order. In case, the matter is required for approval or sanction of the higher authority, the same shall also be expedited.

Sd/- (Manindra Mohan Shrivastava) Judge Rohit