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High Court Of ChhattisgarhWPS/4914/2019disposed off

Maksood Ahmed Qureshi v. State Of Chhattisgarh

2019-07-04Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4914 of 2019 Maksood Ahmed Qureshi S/o Late Shri Mashook Ahmed Qureshi, Aged About 58 Years Presently Working In The Department Of Commercial Tax, Raipur District - Raipur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through - The Secretary, Department Of Commercial Tax - Mahanadi Bhawan, Naya Raipur District - Raipur Chhattisgarh.

2. Commissioner, Commercial Tax Department, Commercial Tax Headquarter, Raipur District - Raipur Chhattisgarh

3. State Of Chhattisgarh, Through - The Secretary, Transport Department, Mahanadi Bhawan, Naya Raipur District - Raipur Chhattisgarh.

4. Chhattisgarh Infrastructure Development Corporation Limited ( C I D C ) Through - Its Managing Director, Shastri Chowk, Raipur, District Raipur Chhattisgarh.

---Respondents For Petitioner :

Mr. Sudeep Agrawal, Advocate For State :

Mr. Sameer Behar, Panel Lawyer For Respondent No.4 :

Mr. Laxmi Kumar Gahav, Advocate on behalf of Mr. Anup Majumdar, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 04/07/2019

1. The petitioner has filed the present writ petition seeking for a direction to the respondents to consider his claim for absorption under the policy of the State Government dealing with absorption of the employees of erstwhile Madhya Pradesh State Road Transport Corporation (MPSRTC) subsequently placed at the disposal of the Chhattisgarh Infrastructure Development Corporation Limited i.e. the respondent No.4.

2. According to the petitioner, in the course of adjusting to the petitioner, he has been sent as an Assistant Grade-III in the Commercial Tax

-2Department of the State Government in the year 2006 and since then the petitioner has been discharging an unblemished service with the Commercial Tax Department. He further submits that the Commercial Tax Department has already sent a letter recommending the case of the petitioner for regularization and has also disclosed that the ACRs of the petitioner also are good enough for regularization.

3. This Court in number of cases including the case of A.K. Dwivedi v. State of Chhattisgarh & Others (WPS No. 4245/2010, decided on 06.06.2010) considered similar claims and issued directions. Thereafter, relying upon the orders passed in the case of A.K. Dwivedi (supra), directions have been issued in the case of O.P. Singh v. State of Chhattisgarh & Others (WPS No. 5521/2010, decided on 21.01.2011). Along with the petition, number of orders passed in identical cases have also been placed on record.

4. In view of the above, it is directed that in the event the petitioner submits his representation before the competent authority within a period of three weeks from today, the respondents authority shall consider and decide the petitioner's representation in an objective manner keeping in view the circular issued by the State Government from time to time as also orders of absorption passed with respect to similarly placed employees, as early as possible, preferably within a period of three months from the date of submission of the representation.

5. With the aforesaid objections, the petition is finally disposed off. Sd/- (P. Sam Koshy) Judge Ved