Hitendra Kumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3976 of 2018

1. Hitendra Kumar Sahu S/o Shri Jeevrakhan Lal Sahu, Aged About 47 Years R/o Vivekanand Nagar, Durg, District : Durg, Chhattisgarh

2. Mithlesh Kumar Sonkhutiya S/o Gumaniram Sonkhutiya, Aged About 29 Years R/o Opposite Petrol Pump, Ward No. 01, Gulmohar Colony, Gurur, District : Balod, Chhattisgarh

3. Ku. Shweta Sahu, D/o Baleshwar Prasad Sahu, Aged About 38 Years R/o House No. 4-B, Street No. Npa Sector-4, Bhilai , District : Durg, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Manpower Planning, Mahanadi Bhavan, Mantralaya, New Raipur, District : Raipur, Chhattisgarh

2. Director, Technical Education, Employment And Training, Indrawati Bhawan, Block 3 And 4, First, Third And Fourth Floor, Naya Raipur, District : Raipur, Chhattisgarh ---- Respondents For Petitioners :

Mr. Manish Upadhyay, Advocate For State :

Mr. Anshuman Shrivastava, P. L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 25.09.2019

1. Since the claim put-forth by the petitioners are identical and the respondents also being the same, the Writ Petition is being disposed off by this common order.

2. The relief sought for by the petitioners in this Writ Petitions is for an appropriate direction to the respondents to consider the case of the petitioners and pass an order so far as confirmation of their services are concerned

3. According to the petitioners, when the writ petition was filed, the petitioners had by that time completed two years of service and pending the writ petition now all the petitioners have completed more than five years of probation period. It is further the contention of the petitioners that, meanwhile new notification has been issued by the State of Chhattisgarh on 15.05.2019 by amending the provisions/Schedules of the Chhattisgarh Industrial Training (NonGazetted) Service Recruitment Rules, 2014 wherein in Schedule-III a note has been put wherein it has been held that on completion of five years of service, the cases of probationers can be considered for confirmation.

4. Given the said new amended provision where the probation period can be confirmed on completion of five years of service, this Court is of the opinion that, the matter can be disposed off by directing the Respondent No. 2 to consider the case of each of the petitioners in the light of the latest amended provisions i.e. notification dated 15.05.2019 for confirmation.

5. Let the Respondent No.02 consider the case of each of the petitioners and a decision be taken at the earliest, preferably within a period of four months from the date of receipt of copy of this Order

6. With the aforesaid observation, the present Writ Petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Inder/Rahul