High Court Of ChhattisgarhWPS/4876/2019disposed off

Vijay Kumar Marbal v. State Of Chhattisgarh

2019-07-03Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4876 of 2019 Vijay Kumar Marbal S/o Shri Gore Lal Marbal, Aged About 48 Years R/o Village Akaltara, Police Station And Tahsil Akaltara, District Janjgir Champa, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Urban Administration And Development Department, Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh

2. Chief Municipal Officer, Municipal Council Akaltara, District Janjgir Champa Chhattisgarh ---- Respondents For Petitioner :

Mr. Santosh Kumar Verma, Advocate.

For State :

Mr. Arvind Dubey, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 03/07/2019

1. Grievance of the petitioner is that though the petitioner is working as daily wager before 31.12.1997, but the petitioner's case is not being considered for regularization in accordance with the circular of the State Government dated 5-3-2008.

2. In reply to above, State counsel submits that if the petitioner files fresh representation along with copy of the petition, the same shall be considered in accordance with law.

3. In view of the above, the writ petition stands disposed of. If the petitioner files fresh representation along with copy of the petition, the competent authority of the respondent authorities are directed to consider and decide the petitioner's case for regularization strictly in

accordance with State Government's circular dated 5-3-2008 issued in compliance of the decision of the Supreme Court in Secretary, State of Karnataka and Others Vs. Umadevi (3) & Others, 2006(4) SCC 1 and also considering the subsequent circulars issued by the State Government in this regard on its own merits and in accordance with law, as early as possible, preferably, within a period of six months from the date of receipt of representation.

4. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the representation, on its own merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case.

Sd/- (P. Sam Koshy) Judge Khatai