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High Court Of ChhattisgarhWPC/1384/2019disposed off

Brijesh Navneet v. State Of Chhattisgarh

2019-07-30Hon'Ble The Chief Justice,Hon'Ble Shri Justice Parth Prateem Sahu4 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1380 of 2019 • Rajeshwar Rathore S/o Devkumar Aged About 30 Years R/o Purani Basti, Ward No. 07, Tehsil Kharsiya District Raigarh, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Energy, Mantralaya, Naya Raipur, Chhattisgarh.

2. Chairman Chhattisgarh Power Distribution Company Ltd. Daganiya Raipur Chhattisgarh.

3. Execution Engineer Circle Raigarh, Chhattisgarh Power Distribution Company Ltd. Raigarh, Chhattisgarh.

4. M/s Ingo Safdata Service (P) Ltd. F- 2/s-07, 2nd Floor, Bumbra Enclave Hno. 04, Sura Bhavan Area, South Park, Bistupur, Jamshedpur. WPC No. 1364 of 2019 • Vinod Kumar Rathore S/o Parmanand Rathore Aged About 44 Years R/o Village Telicot, Kharsiya, Civil And Revenue District - Raigarh, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Energy, Mantralaya Naya Raipur Chhattisgarh.

2. Chairmen Chhattisgarh Power Distribution Company Ltd., Daganiya Raipur Chhattisgarh.

3. Executive Engineer Circle - Raigarh, Chhattisgarh Power Distribution Company Ltd., Raigarh Chhattisgarh.

4. M/s Info Sofdata Services (P) Ltd. F-2/s-07, 2nd Floor, Bumbra Enclave, Hno.- 4, Sura Bhawan Area, South Park, Bistupur, Jamshedpur 831001 WPC No. 1370 of 2019 • Devendra Kumar Darshan S/o Manohar Lal Darshan Aged About 41 Years Purani Basti, Kharsiya, Civil And Revenue District Raigarh, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department, Of Energy Mantralaya Naya Raipur, Chhattisgarh.

2. Chairman Chhattisgarh Power Distribution Company Ltd. Daganiya Raipur Chhattisgarh.

3. Executive Engineer Circle Raigarh, Chhattisgarh Power Distribution Company Ltd. Raigarh Chhattisgarh.

4. M/s Info Sofdata Service (Pltd. ) F- 2/s-07 2nd Floor, Bumbra, Enclave, H No. 04, Sura Bhavan Area, South Park, Bistupur, Jamshedpur. WPC No. 1384 of 2019 • Brijesh Navneet S/o Devendra Navneet, Aged About 30 Years R/o Purani Basti, Ward No. 07, Tehsil - Kharsiya District Raigarh Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Energy, Mantralaya Naya, Raipur Chhattisgarh.

2. Chairmen Chhattisgarh Power Distribution Company Ltd., Daganiya Raipur Chhattisgarh.

3. Executive Engineer, Circle - Raigarh, Chhattisgarh Power Distribution Company Ltd., Raigarh Chhattisgarh.

4. M/s Info Sofdata Services (P) Ltd., F- 2/s-07, 2nd Floor, Bumbra Enclave, Hno. - 04, Sura Bhavan Area, South Park Bistupur Jamshedpur 831001 WPC No. 1646 of 2019 • Neelkanth Izardar S/o Vibhishna Izardar Aged About 46 Years R/o Village - Sariya, Tehsil - Baramkela, District Raigarh Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through - The Secretary, Department Of Energy, Mantralaya Naya, Raipur Chhattisgarh.

2. Chairmen Chhattisgarh Power Distribution Company Ltd. Daganiya, Raipur Chhattisgarh.

3. Executive Engineer Circle - Raigarh, Chhattisgarh Power Distribution Company Ltd. Raigarh Chhattisgarh.

4. M/s Info Sofdata Services (P) Ltd. F-2/s-07, 2nd Floor, Bumbra Enclave, H.No. 04, Sura Bhavan Area, South Park, Bistupur, Jamshedpur - 831001. WPC No. 1652 of 2019 • Narottam Kumar Izardar S/o Vivhishan Izardar Aged About 47 Years R/o Village Sariya, Tehsil- Baramkela, District- Raigarh, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Energy, Mantralaya Naya Raipur, Chhattisgarh.

2. Chairmen Chhattisgarh Power Distribution Company Ltd. Daganiya Raipur, Chhattisgarh

3. Executive Engineer Circle- Raigarh, Chhattisgarh Power Distribution Company Ltd. Raigarh, Chhattisgarh.

4. M/s Info Sofdata Services (P) Ltd. F-2/s-07, 2nd Floor, Bumbra Enclave, H No.- 04, Sura Bhavan Area, South Park, Bistupur, Jamshedpur 831001 For Petitioners :

Shri Amit Sharma, Advocate.

For Respondent No.1/State :

Shri Siddharth Dubey, Deputy Govt. Advocate.

For Respondents No. 2 & 3 :

Shri Varun Sharma, Advocate.

Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu, Judge Order on Board Per P.R. Ramachandra Menon, Chief Justice 30.07.2019 1.

In all these cases the grievance is mainly with regard to the loss of employment of the Petitioners who are engaged for the 'spot billing exercise' by the Respondent concerned. It is stated that the work has now been assigned to the 4th Respondent and that the job which was being done by the Petitioners will be coming to an end shortly and various grounds have been raised in this writ petition in support of their claim in relation to the prayers as given below: "10.1 The Hon'ble Court may kindly be pleased to call for the entire records pertaining to the instant case.

10.2 That, the Hon'ble Court may kindly be pleased to issue a writ in nature of Certiorari and set-aside/quash the order dated 02.03.2019 and further this Hon'ble Court may direct the respondent authorities to not terminate the petitioner agreement till completing its period of their agreement.

10.3 That the Hon'ble Court may kindly be issue a writ in nature of certiorari and quash the whole proceedings taken in pursuance for spot billing and collection of cheque.

10.4 Any other relief, which the Hon'ble Court deems fit and proper under the facts and circumstances, may also be provided to the petitioners."

2.

A detailed reply has been filed on behalf of Respondents No. 2 and 3 to the effect that the apprehension expressed by the Petitioners is quite wrong and unfounded. It is stated that the 'spot billing system' is being put an end to because of the change in circumstances and it was accordingly that the meter reading task was assigned with the 4th Respondent. It is also stated that the engagement of the Petitioners is not intended to be put an end to during the contract period and that specific instructions have already been given to the 4 th Respondent to engage the Petitioners as well to the requisite extent and that they will never lose the job during the period of contract. 3.

The learned counsel for the Respondents submit that exactly similar matter had come up for consideration before this Court and the same was disposed off as per judgment dated 20.06.2019 in WPC No. 1085 of 2019. The said judgment could govern the situation involved in the present case as well. 4.

We have perused the copy of judgment placed for consideration. We are of the view that the grievance of the Petitioners herein would also stand readdressed, if we dispose off the matter under similar lines. 5.

Accordingly, we dispose the writ petitions in terms of the judgment dated 20.06.2019 passed in WPC No. 1085 of 2019 and all the benefits flowing the said judgment will be available to the said extent, to the Petitioners in these cases as well.

Sd/- Sd/- (P. R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Chandra