Ku. Rafikunnisa Rehman v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3341 of 2017 Ku. Rafikunnisa Rehman D/o Late Wahidur Rahmam, Aged About 56 Years R/o Purani Basti, Hanuman Chowk, Kaharsia, DistrictRairarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Urban Administration & Develpment, Mahanadi Bhawan Mantralaya, New Raipur, District, Raipur, Chhattisgarh.

2. Director, Town & Country Planning, Directorate Raipur, Indrawati Bhawan, Block No. 4, 3rd Floor, Naya Raipur, District Raipur, Chhattisgarh.

3. Joint Director, Town & Country Planning Regional Office, Bilaspur, District- Bilaspur, Chhattisgarh.

4. President, Nagar Palika Parisad Kharsia , District- Raigarh, Chhattisgarh.

5. Chief Municipal Officer, Nagar Palika Parishad Kharisa, DistrictRaigarh (CG)

...Respondents

For Petitioner :

Mr.Anand Shukla, Advocate For State-respondent :

Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 26/07/2017 Heard.

1. The petitioner's grievance as ventilated through this petition is that her case for regularization is not being considered and brought to its logical conclusion for want of constitution and functioning of the District Level Selection Committee. Referring to letter dated 23.03.2017 of Chief Municipal Officer, Nagar Palika Parishad, Kharsia addressed to Joint Director, Urban Administration Development, Bilaspur, it is submitted that though a requisition has been sent to Joint Director for constituting and convening

meeting of District Level Selection Committee, till date, it has not been done, due to which, the matter relating to petitioner's regularization is not being finalized which is resulting in petitioner's continuation in service as daily wager since last 31 years.

2. Despite there being a policy decision taken by the Government on 05.03.2008 to consider for regularization of eligible daily wage employee, it is found that the petitioner, who is working for the last 31 years, has not been considered for regularization till date on technical reasons like non-consideration of case by constituted Committee at the District level. The authorities are expected to be sensitive enough to ensure constitution of Committee to ensure persons like the petitioner are considered for regularization so that the petitioner may not retire from service as daily wage employee only, having already served local body for the last 31 years.

3. The matter calls for urgent action from the respondents. Let the Joint Director ensure constitution of the Committee and consideration of petitioner's case within a period of 45 days from the date of receipt of copy of this order by respondent No.3. All other functionaries including the functionaries of the Nagar Palika Parishad shall extend fullest cooperation to ensure constitution of Committee and consideration of the petitioner's case for regularization within the period prescribed above without fail. Any delay and non-consideration of petitioner's case within the time stipulated, shall be treated as an act of willful disobedience calling for appropriate action.

4. With the aforesaid, the petition is disposed off. Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha