Chhabi Lal Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6376 of 2017 Chhabi Lal Sahu S/o Sukhi Ram Sahu, Aged About 51 Years Occupation Helper, Water Resources, Office Of Assistant Investigation Officer, Hasdeo Bango Quality Control, Sub Division Darri, Korba, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Water Resources Mantralaya, Mahanadi Bhawan Naya Raipur, P.S. Abhanpur, District Raipur, Chhattisgarh

2. Chief Engineer, Water Resource Department Sihawa Bhawan, Raipur, District Raipur, Chhattisgarh

3. Assistant Investigation Officer, Office Of Assistant Investigation Officer, Hasdeo Bango Quality Control, Sub Division Darri, Korba, Chhattisgarh ---- Respondents For Petitioner :

Mr. Atul Pandey, Advocate For State :

Mr. Majid Ali, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 27/03/2018 Heard.

1. Grievance of the petitioner, as ventilated through this petition is that even though the petitioner is continuing as daily wage employee since long, his claim for regularisation has not been decided till date. It is submitted that though the petitioner was terminated in the year 1995, award of reinstatement was passed in his favour by the Labour Court in the year 2011 with the legal consequence that the petitioner shall be deemed to be in service from the initial date of appointment in the year 1991.

2. If the case of the petitioner is considered treating his initial date of appointment as in the year 1991, he would be entitled to be considered for regularisation under circular dated 05/03/2008 issued

for consideration of cases of regularisation pursuant to direction of the Supreme Court in the case of Secretary, State of Karnataka and others Vs. Uma Devi (3) and others, 2006 (4) SCC 1 for consideration of cases of those, who have completed 20 years of service.

3. After going through the records and orders passed by the Labour Court, it is quite clear that the effect of the order would be that the petitioner shall be deemed to be in service without any break. This would entitle the petitioner for due consideration for regularisation under circular dated 05/03/2008. It is ordered accordingly.

4. Let the case of the petitioner be considered by a duly constituted committee as per policy dated 05/03/2008 and a decision be taken within an outer limit of three months from the date of receipt of copy of this order.

Sd/- (P. Sam Koshy) Judge Ved