Kumbh Lal Yadav v. State Of Chhattisgarh

AFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4204 of 2018 Kumbh Lal Yadav, S/o late Shri Samaru Yadav, aged about 49 years, R/o Village Gatapar, Post and Tahsil Chhuikhadan, District Rajnandgaon (CG). ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department of Forest, Mahanadi Bhawan, New Mantralaya, Raipur (CG).

2. Principle Chief Conservator of Forest, Head Quarter Jail Road, Raipur (CG).

3. Chief Conservator of Forest, Durg, Circle Durg, District Durg (CG).

4. Divisional Forest Officer, Khairagarh, District Rajnandgaon (CG). ---- Respondents For Petitioner : Mr. F.S. Khare, Advocate For Respondents : Mr. R.K. Gupta, Deputy Advocate General Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 03.07.2018 Heard.

1.

The petitioner was engaged as Vaniki Chowkidar on 01.04.1987 in the Forest Division, Khairagarh. He was retrenched from service on 26.03.1996 which was challenged by filing an application before the Labour Court. Vide order dated 20.09.2010 an award of reinstatement without back wages was passed in favour of the petitioner. The petitioner was reinstated in service.

2.

The grievance of the petitioner is that his case for regularization

has not been considered, till date in the light of circular dated 05.03.2008 passed by the State Government, taking into consideration the entire period during which he remained out of employment. 3.

Learned counsel for the petitioner would argue that the petitioner is entitled to count entire period of service during which he remained out of employment, consequent upon his reinstatement pursuant to award passed by the Labour Court, in view of authoritative pronouncement of the Division Bench of this Court in the case of WPS No.1703 of 2015 (Tukaram Vs. State of Chhattisgarh) and batch of petitions decided on 16.05.2017.

4.

Learned counsel for the State would submit that though there is no quarrel with the legal proposition as settled by this Court in the case referred to above, the petitioner's case would require proper scrutiny upon verification of facts.

5.

Considering the submission of learned counsel for the parties and taking note of the fact that till date no decision has been taken in the case of the petitioner in the matter of his claim for regularization under circular dated 05.03.2008, the petition at this stage is disposed off with the direction to respondent to examine the petitioner's claim for regularization in accordance with the terms and conditions of circular dated 05.03.2008. While so considering case of the petitioner, the period during which the petitioner remained out of employment shall also be taken into account. That is to say, the petitioner shall be deemed to have continued in service from the initial date of appointment till date. 6.

Appropriate Scrutiny Committee should complete the exercise within the period of three months from the date of receipt of copy of this order. The Chief Conservator of Forest shall issue necessary direction also for expeditious disposal of the case of the petitioner in accordance

with the direction which is now being issued to the Chairman of the Scrutiny Committee.

Sd/- (Sharad Kumar Gupta) JUDGE L/-