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High Court Of ChhattisgarhWPS/5514/2016disposed off

Smt. Asha Bai v. State Of Chhattisgarh

2017-08-03Hon'Ble Shri Justice Manindra Mohan Shrivastava5 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.5513 of 2016 • Jaynath S/o Ghursay, Aged About 39 Years Occupaiton Time Keeper / Labour Daily Wages Department Of Public Works Office Of Executive Engineer, Ambikapur, Distirct Surguja Chhattisgarh

Versus

WPS No.5519 Of 2016 • Jankiram S/o Chattiram, Aged About 48 Years Occupation- Time Keeper/ Labour, ( Daily Wages), Department Of Public Works, Office Of Executive Engineer, Ambikapur, District Surguja, (Chhattisgarh)

1. State Of Chhattisgarh Through: Secretary, Public Works Department, Mahanadi Bhawan, New Mantralaya, Raipur, (Chhattisgarh) New Mantralaya, Raipur, (Chhattisgarh)

3. The Chief Engineer, Public Works Department, Department, Ambikapur, ( Surguja) (Chhattisgarh) Surguja, (Chhattisgarh)

WPS No.5522 Of 2016 • Satan S/o Ramsay, Aged About 39 Years Occupaiton Time Keeper / Labour Daily Wages Department Of Public Works Office Of Executive Engineer, Ambikapur, Distirct Surguja Chhattisgarh WPS No.5521 Of 2016 • Chamanlal S/o Rudan Ram, Aged About 45 Years Occupaiton Time Keeper / Labour Daily Wages Department Of Public Works Office Of Executive Engineer, Ambikapur, Distirct Surguja Chhattisgarh WPS No.5525 Of 2016 • Chandrabahadur S/o Gendaram, Aged About 39 Years Occupation- Time Keeper/ Labour, ( Daily Wages), Department Of Public Works, Office Of

Executive Engineer, Ambikapur, District Surguja, (Chhattisgarh)

1. State Of Chhattisgarh Through: Secretary, Public Works Department, Mahanadi Bhawan, New Mantralaya, Raipur, (Chhattisgarh) New Mantralaya, Raipur, (Chhattisgarh)

3. The Chief Engineer, Public Works Department, Ambikapur, (Chhattisgarh) Surguja, (Chhattisgarh) WPS No.5516 Of 2016 • Beeralal S/o Budhraram Aged About 41 Years Occupation Time Keepe/ Labour, (Daily Wages), Department Of Public Works, Office Of Executive Engineer, Ambikapur, District Surguja (Chhattisgarh)

1. State Of Chhattisgarh Through : Secretary, Public Works Department, Mahanadi Bhawan, New Mantralay, Raipur (Chhattisgarh) New Mantralay, Raipur (Chhattisgarh)

3. The Chief Engineer, Public Works Department, Ambikapur, District Surguja (Chhattisgarh) Surguja (Chhattisgarh) WPS No.5514 Of 2016 • Smt. Asha Bai W/o Late Sundarram, Aged About 50 Years Occupaiton Time Keeper / Labour Daily Wages Department Of Public Works Office Of Executive Engineer, Ambikapur, Distirct Surguja Chhattisgarh

For Petitioners :

Shri Pawan Shrivastava, Advocate For Respondent/State :

Shri Manish Nigam, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 03/08/2017 Heard.

2.

By this petition, the petitioners are claiming regularization under the State Government's policy dated 05-03-2008 promulgated in view of the decision of the Supreme Court in the case of the Secretary, State of Karnataka and others vs. Uma Devi and Others, AIR 2006 SC 1806. 3.

Learned counsel for petitioners submits that the petitioners are working as Daily Wage Employee in the Public Works Department and they were engaged prior to 31-12-1997 and since then, they are continuously working, but their claim of regularization has not been considered till date. 4.

In the return, the respondents have not denied the claim of the petitioners, all that has been stated, is that the claims of the petitioners are still pending consideration. Learned State counsel submits that the petitioners claim would be examined and scrutinized by the duly constituted committee in terms of the regularization policy of the State Government dated 05-03-2008 and appropriate

decision would be taken in the matter.

5.

In view of above, all these petitions are disposed off with a direction to the respondents to consider the claim of the petitioners for regularization in view of the State Government's policy dated 05-03-2008 promulgated in view of the decision of the Supreme Court in the case of Uma Devi (supra). Considering that the petitioners are working as Daily Wage Employee since long, it would be proper that the decision is taken in the matter at the earliest, preferably within a period of three months from the date of receipt of a copy of this order. SD/- (Manindra Mohan Shrivastava) Judge Tumane