Smt. Kunwar Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3018 of 2018 Smt. Kunwar Bai W/o Hiralal Yadav Aged About 42 Years R/o Village House No. 12, Ward No. 1, Kanhargaon, Ricemillpara Bhanupratappur, District- Uttar Bastar- Kanker, Chhattisgarh, At Present Posted At Forest Circle Doundi, Chhattisgarh., District : Kanker, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Forest Department, Mantralaya, Mahanandi Bhawan, Raipur, Chhattisgarh

2. The Chief Conservator Of Forest, Chhattisgarh, Raipur, Chhattisgarh.,

3. The Conservator Of Forest, Durg Circle, District- Durg, Chhattisgarh.,

4. The Divisional Forest Officer, Forest Division - Balod, District- Balod, Chhattisgarh,

5. The Forest Range Officer, Forest Range- Doundi, Forest Division Balod, District- Balod, Chhattisgarh, --Respondents For Petitioner :

Mr. Tarun Dadsena, Advocate For State :

Mr. Satish Gupta, G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 13.04.2018 Heard.

1.

The petitioner has filed this petition seeking a direction to the respondents to consider her case for regularization. He submits that the petitioner was earlier retrenched from service which termination was held illegal and order of reinstatement was passed under an award dated 25.08.2015. After the award, the petitioner has been reinstated in service but her case for regularization has not been considered.

2.

Learned State counsel points out that the petitioner has not preferred any representation before any authority bringing to their notice that now her case is

required to be considered for regularization. 3.

In view of the above, this petition, at this stage, is disposed off with liberty to the petitioner to file representation for consideration of her regularization. If that is done, the respondents shall examine the petitioner's claim for regularization strictly in accordance with circular dated 05.03.2008 of the State Government and the judgment passed by the Hon'ble Supreme Court in the case of Secretary, State of Karnataka and Others v. Umadevi and Others, 2006(4) SCC 1. While considering the petitioner's claim for regularization, the period during which the petitioner has remained out of employment because of her illegal termination, order which was set aside by the Labour Court, the entire period of service right from the initial date of appointment till date she shall be deemed to be continuous and not suffering from any break. Sd/- (Manindra Mohan Shrivastava) Judge Rekha