Rajesh Kaser v. Chhattisgarh State Power Generation Company Limited

AFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4522 of 2018 Rajesh Kaser S/o Shri Bhagavano Kaser, Aged About 38 Years Occupation ServiceOfficer Assistant Grade Iii, Chhattisgarh State Power Generation Company Limited, R/o Puran College Road, Kaser Para, Champa, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

1. Chhattisgarh State Power Generation Company Limited (A Government Of Chhattisgarh Undertaking) Through Its Managing Director, Vidyut Seva Bhawan, Daganiya, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Office Of Chief Engineer (Generation), Through Its Chief Engineer, Chhattisgarh State Power Generation Company Limited, 2x500 Mw, Marwa, Village Tendubhatha, Post Sarkhon, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

3. Superintending Engineer, Chhattisgarh State Power Generation Company Limited 2x500 Mw, Marwa, Village Tendubhatha, Post Sarkhon, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondents For Petitioner : Mr. Mayank Kumar, Advocate For State : Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 11.07.2018 Heard.

1.

The limited grievance of the petitioner raised in the instant writ petition is that though the petitioner has been granted appointment by the respondents under the Chhattisgarh State Rehabilitation Scheme and he had assumed his duty on 07.06.2012, till date the case of the petitioner has not been considered by the respondents for regularization

in spite of the petitioner's having all the eligibility requirements. 2.

Counsel for the petitioner submits that the order of appointment of the petitioner itself reflects that the case of the petitioner was to be considered for regularization after two years of satisfactory service which he has already achieved and his annual confidential report does not reflect any adverse entry till date. He further submits that the matter is squarely covered by the order of this Court dated 27.04.2018 passed in WPS No.3392 of 2018.

3.

Given the facts, this Court is of the opinion that ends of justice would meet if the writ petition is disposed of with a direction to respondents No.2 & 3 to consider the case of the petitioner for grant of regularization in accordance with the scheme by virtue of which he has appointed. While considering that the petitioner's claim for withdrawal of increment shall also be examined and appropriate order be passed. It is ordered accordingly. Let this exercise be done as expeditiously as possible preferably within a period of 90 days from the date of receipt of certified copy of this order.

4.

This Court has not expressed any opinion on the merits of his entitlement. The Authorities would be at liberty to decide the claim of the petitioner purely on merits as per the rules and guidelines governing the field.

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