Maha Singh Gond v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4396 of 2021

1. Maha Singh Gond S/o Sahdev Singh, Aged About 43 Years, R/o Village Girari, Tahsil And Police Station Pendra, District GaurelaPendra-Marwahi, Chhattisgarh.

2. Ramprasad Yadav S/o Birsai Yadav, Aged About 54 Years, R/o Village Girari, Tahsil And Police Station Pendra, District GaurelaPendra-Marwahi, Chhattisgarh.

3. Dhansingh Gond S/o Gajru Singh, Aged About 51 Years, R/o Village Girari, Tahsil And Police Station Pendra, District Gaurela-PendraMarwahi, Chhattisgarh.

4. Gauri Shankar Tiwari S/o Mangal Ram Tiwari, Aged About 59 Years R/o Village Sakola, Tahsil And Police Station Pendra, District Gaurela-Pandra-Marwahi, Chhattisgarh.

---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Forest, Mahanadi Bhavan, Mantralaya, Atal Nagar, Raipur, District Raipur, Chhattisgarh.

2. Chief Conservator Of Forest, Aranya Bhavan, Sector-19, Atal Nagar, Raipur, Chhattisgarh

3. Divisional Officer, Forest Division Marwahi, Pendra Road, District Gaurela-Pendra-Marwahi, Chhattisgarh.

4. Sub Divisional Officer (Forest), Divisional Office Of Gaurela-PendraMarwahi, Chhattisgarh ---- Respondents For Petitioners :

Mr. Ashok Soni, Advocate For State :

Mr. Neeraj Pradhan, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board

23.08.2021

1. The claim of petitioners in the present writ petition is for an appropriate direction to the respondents to regularize the services of petitioners in view of circular of the State Govt. dated 05.03.2008.

2. The present writ petition has been filed by 4 petitioners and out of four petitioners, petitioner no.4 has been working since 1980 and other three petitioners have been working since 1995. It is the contention of the learned counsel for petitioners that they have been working uninterruptedly and continuously against the sanctioned vacant post. Therefore, the respondent authorities ought to have considered their claim in accordance with the policy of regularization applicable in the State of Chhattisgarh. It is the further contention that the petitioners also squarely come within the conditions stipulated in circular dated 05.03.2008 dealing with regularization and the authorities concerned have not considered their claim till date in accordance with the said circular.

3. Learned State counsel at this juncture submits that let the petitioners approach the respondents 1 & 2 who in turn shall consider the representation of petitioners in accordance with the circular governing the field of regularization.

4. Given the said submission by the counsel for respondents, the writ petition at this juncture stands disposed of directing the respondents 1 & 2 to take an appropriate decision on the representation of petitioners, if they so made for regularizing their services, at the earliest, preferably within a period of 90 days from the date of submission of representation by the petitioners. Let the petitioners make an appropriate representation, in addition to the representation

that they have already made, within a period of 3 weeks from today.

5. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge Khatai