Vishnu Lal Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4386 of 2018 Vishnu Lal Dewangan S/o Fulsing Dewangan, aged about 48 years, through Divisional Forest Officer, South Kondagaon, Forest Division, District Kondagaon (C.G.).

---Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Department Of Forest, Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur, Chhattisgarh.

2. Divisional Forest Officer, South Kondagaon, Forest Division, District Kondagaon, Chhattisgarh.

3. Chief Conservator Of Forest (Administration/Non Gazetted), Chhattisgarh, Naya Raipur, Chhattisgarh.

---Respondents For petitioner :

Shri Pankaj Agrawal, Advocate.

For State :

Ms. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 07/12/2018 1.

Heard on I.A. No.1 of 2018, which is an application for amendment in the cause title.

2.

On due consideration, the same is allowed.

3.

Let the amendments be carried out during the course of the day itself. 4.

With the consent of the parties, the matter is also heard. 5.

The claim of the petitioner in the instant Writ Petition is for issuance of direction to the respondents to consider his case for regularization.

6.

According to the counsel for the petitioner, the petitioner has been working under the respondents as a Daily Wage Employee since 01/01/1989. He submits that, the department had also scrutinized the case of the petitioner for grant of regularization and they have found him suitable, but till date no orders have been passed. He further refers to an order passed by this Court in WPS No. 3564/2018 d/on 09/05/2018 whereby the case of similarly placed person was disposed off with a direction to the respondents to consider and decide the claim of the petitioner for regularization at the earliest.

7.

The State counsel does not have any objection so far as the disposal of the Writ Petition with a direction to the authorities for considering the case of the petitioner.

8.

On the aforesaid submission made by the counsel appearing for either side, without expressing anything on the merits so far as entitlement of the petitioner is concerned, the instant Writ Petition stands disposed off with a direction to the respondents No. 2 & 3 to consider the case of the petitioner for regularization keeping in view the circular of the State Government dated 05/03/2008 and any other circular pertaining to regularization. 9.

It is made clear that the said direction by this Court would be subject to the fact that, the case of the petitioner has not been earlier decided so far as the regularization is concerned.

10. It is further expected that the authorities concerned would take a decision at the earliest preferably within a period of 60 days from the date of receipt of the copy of this order.

11. The Writ Petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Sumit JUDGE