Krishna Nayak v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3774 of 2021 Krishna Nayak S/o Late Yudhishthir Nayak Aged About 44 Years R/o Shivaji Nagar, I-10, District- Korba, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through- Secretary, Department Of Education, P.S.- Rakhi, Nawa Raipur, Atal Nagar, District- Raipur, Chhattisgarh

2. Assistant Commissioner, Tribal Welfare, Korba, District- Korba, Chhattisgarh

3. Collector, Korba, District- Korba, Chhattisgarh

4. Block Education Officer, Korba, District- Korba, Chhattisgarh

5. Sukhnandan, Purnakalik Sweeper Under The Assistant Commissioner Tribal Welfare, Korba, District- Korba, Chhattisgarh

6. Mohan Lal Jangde' Purnakalik Sweeper Under The Assistant Commissioner Tribal Welfare, Korba, District- Korba, Chhattisgarh ---- Respondents For Petitioner :

Mr. Mirza Kaisher Beg, Advocate.

For State :

Mr. Ayaz Naved, GA Hon'ble Shri Justice P. Sam Koshy Order on Board 23/07/2021

1. The grievance of the petitioner in the present writ petition is the inaction on the part of the respondents in not considering the claim of the petitioner for being declared as a Full Time Sweeper(Purnakalik Safai Karmi).

2. According to the petitioner he has put in more than 22 years of service as he has been working as a Part Time Sweeper from 15.12.1998. It is further

-2contention of the petitioner that respondents meanwhile being made juniors to the petitioner as Full Time Sweeper i.e. respondent no.5 & 6 but for no reason or no fault of petitioner his case has till date not been considered.

3. Given the facts and circumstances of the case, considering the length of service that petitioner has put in as Part Time Sweeper subject to due verification of facts, respondent no.2 to 4 are directed to consider and decide the request of the petitioner for being considered for the post of Full Time Sweeper (Purnakalik Safai Karmi).

4. Let the petitioner in addition to any representation that he has made in the pat, make a fresh representation to respondent no.2 to 4 within a period of three weeks from the date of receipt of copy of this order and respondent no.2 to 4 in turn shall duly consider and decide his case in accordance with the rules and regulations and policies governing the field at the earliest preferably within a period of four months from the date of receipt of representation of the petitioner.

5. With the aforesaid observation, the writ petition stands disposed of. Sd/- (P. Sam Koshy) Judge Rohit