Ramvilas Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.1911 of 2016 Ramvilas Yadav S/o Shiv Sharan, Aged About 41 Years R/o Village Chamanpur, Post Paraswar, P.S. Chalgali, Distt. Balrampur- Ramanujganj, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Principal Secretary, Forest Department, Mahanadi Bhawan, New Raipur, (Chhattisgarh)

2. Chief Conservator Of Forest, Surguaj Circle, Ambikapur, (Surguja) (Chhattisgarh)

3. The Divisional Forest Officer, South Surguja, Forest Division, Ambikapur, (Surguja) (Chhattisgarh) ---- Respondents For Petitioner :

Shri Rakesh Pandey, Advocate For Respondent/State :

Shri Dhiraj Wankhede, GA Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 26/07/2016 Heard.

2.

Learned counsel for the petitioner submits that though notices were issued by this Court, reply has not been filed and in view of the orders passed in similar matters, this petition may also be disposed off.

3.

On the other hand, learned State counsel prays for short time to seek instructions.

4.

The pleadings on record would show that the petitioner worked as daily wager and his case for regularization was scrutinized by the committee. Thereafter, recommendation was made in his favour and memo sent on 17-08-2012 by the Divisional Forest Officer, South Surguja Forest Division to Conservator of Forest,

Surguja Forest Circle, Ambikapur. Thereafter, the matter has been kept pending without any decision on petitioner's case for regularization. 5.

Considering the aforesaid aspect of the matter, particularly taking into consideration that there is a policy of the State Government to consider dailywage employees for regularization issued on 05-03-2008, in view of the judgment of the Supreme Court in the case of the Secretary, State of Karnataka and others vs. Uma Devi and Others, AIR 2006 SC 1806 and that the petitioner's case has been recommended by the Divisional Forest Officer, I am not inclined to keep the matter pending.

6.

Accordingly, the respondent No.2 is directed to examine the proposal of the Divisional Forest Officer and take appropriate decision on the petitioner's case for regularization, strictly in accordance with policy of State Government dated 05-03-2008 and the judgment of the Supreme Court in the case of Uma Devi (supra). 7.

With the aforesaid direction, this petition is finally disposed off. SD/- (Manindra Mohan Shrivastava) Judge Tumane