Manoj Kumar Lodhi v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3518 of 2019

1. Manoj Kumar Lodhi Late Shri H. P. Lodhi, Aged About 36 Years OccupationDaily Wages Employee, The Petitioner Working Under The Indira Gandhi Krishi Vishvavidhyalay, Sarkanda, Bilaspur, District- Bilaspur, Chhattisgarh.

2. Bhuvneshwar Yadav, Late Shri Ramadheen Yadav, Aged About 49 Years Occupation- Daily Wages Employee, The Petitioner Working Under The Indira Gandhi Krishi Vishvavidhyalay, Sarkanda, Bilaspur, District- Bilaspur, Chhattisgarh.

3. Ram Kumar Dhiwar, Shri Baid Ram Dhiwar, Aged About 36 Years Occupation- Daily Wages Employee, The Petitioner Working Under The Indira Gandhi Krishi Vishvavidhyalay, Sarkanda, Bilaspur, District- Bilaspur, Chhattisgarh.

---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Agricultural Department, Mahanadi Bhawan, New Mantralaya, Raipur, Chhattisgarh.

2. The Registrar, Indira Gandhi Krishi Vishvavidhyalay, Labhandi Raipur, District Raipur, Chhattisgarh.

3. The Dean/Presiding Officer, TCB College Of Agriculture And Research Station, Sarkanda, Bilaspur, District- Bilaspur, Chhattisgarh. ---Respondents For Petitioners :

Mr. Palash Tiwari, Advocate For State :

Ms. Sunita Jain, G.A.

For Respondent No.2 :

Mr. Shashank Thakur, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 09/05/2019 1.

The limited grievance which the petitioners have raised in the present writ petition is for a direction to the respondents to consider the petitioners for regularization.

2.

According to the petitioners, they have been working as Daily Wage Employee under the respondents from the date before the year 2008 and by now they have put in more than 10 years of service therefore prayed for their case to be considered for regularization in accordance with the

-2judgment of the Supreme Court in the case of "State of Karnatak & ors. Vs. Uma Devi & ors.", 2006 4 SCC 1.

3.

Without expressing any opinion on the merits of the case so far as the entitlement is concerned, this Court is of the opinion that ends of justice would meet if the respondent No. 2 is directed to consider the claim of the petitioners for regularization subject to verification of facts and records. It is made clear that while considering the claim, the aspect of the petitioners' seniority in the department as Daily Wage Employee would also be taken note of and appropriate orders would be passed. It is also expected that while deciding, the respondents would also take into consideration the recent circulars, which the State has passed dealing with the aspect of regularization.

4.

Accordingly the writ petition stands disposed off. Sd/- (P. Sam Koshy) Judge Ved