High Court Of ChhattisgarhWPS/5934/2016disposed off

Pushpa Dhruve v. State Of Chhattisgarh

2017-12-14Hon'Ble Shri Justice Manindra Mohan Shrivastava9 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5902 of 2016

1. Meena Gajendra W/o Shri R.K. Gajendra Aged About 46 Years Presently Working As Community Organizer, Municipal Corporation, Durg, District- Durg, Chhattisgarh

2. Anjani Verma W/o Shri Dinesh Verma Aged About 39 Years Presently Working As Community Organizer, Municipal Corporation, Durg, District- Durg, Chhattisgarh

3. Manjusha Goswami W/o Shri Hithendra Goswami Aged About 43 Years Presently Working As Community Organizer, Municipal Corporation, Durg, District- Durg, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through- Secretary, Department Of Urban Administration And Development, Mahanadi Bhavan, Capital Complex, New Raipur, P.S. Rakhi, District Raipur, Chhattisgarh

2. Mission Director, National Urban Livelihood Mission(Nlum), Office Of- State Urban Development Agency, (Suda), 4th Floor, Indravati Bhavan, Capital Complex, New Raipur, District Raipur, Chhattisgarh Mission (Nulm), Durg, District- Durg, Chhattisgarh WPS No. 393 Of 2017

1. Smt. Kunti Verma W/o Shri K. K. Gupta, Aged About 42 Years Presently Working As Community Organizer, Municipal Corporation, Bhilai, Charoda, District Durg, (Chhattisgarh)

2. Smt. Seema Gupta, W/o Shri M. K. Gupta, Aged About 43 Years Presently Working As Community Organizer, Municipal Council Jamul, District Durg, (Chhattisgarh)

3. Smt. Vigyani Sharma @ Dubey, W/o Shri Pradeep Kumar Sharma, Aged About 42 Years Presently Working As Community Organizer, Municipal Council Ahiwara, District Durg, (Chhattisgarh)

-21. State Of Chhattisgarh Through: Secretary, Department Of Urban Administration And Development, Mahanadi Bhavan, Capital Complex, New Raipur, P.S. Rakhi, District Raipur, (Chhattisgarh)

2. Mission Director, National Urban Livelihood Mission ( N L U M), Office Of State Urban Development Agency, ( S U D A), 4th Floor, Indravati Bhavan, Capital Complex, New Raipur, District Raipur (Chhattisgarh)

3. City Project Officer , Deendayal Antyodaya Yojna, National Urban Livelihood Mission ( N U L M), Charoda, District Durg, (Chhattisgarh)

4. City Project Officer , Deendayal Antyodaya Yojna, National Urban Livelihood Mission ( N U L M), Jamul, District Durg, (Chhattisgarh)

5. City Project Officer, Deendayal Antyodaya Yojna, National Urban Livelihood Mission ( N U L M), Ahiwara, District Durg, (Chhattisgarh) WPS No. 532 Of 2017

1. Smt. Sudha Verma @ Baghel W/o Shri D.L. Verma Aged About 51 Years Presently Working As Community Organizer, Municipal Corporation, Durg, District- Durg, Chhattisgarh

2. Smt. Umeshwari Netam W/o Shri Kailash Netam Aged About 48 Years Presently Working As Community Organizwe, Municipal Council, Dalli- Rajhara, District Balod, Chhattisgarh

1. State Of Chhattisgarh Through: Secretary, Department Of Urban Administration And Development, Mahanadi Bhavan, Capital Complex, New Raipur, P.S. Rakhi, District- Raipur, Chhattisgarh

2. Mission Director, National Urban Livehood Mission ( Nlum), Office Of - State Urban Development Agency, ( Suda), 4 Th Floor, Indravati Bhavan, Capital Complex, New Raipur, District Raipur, Chhattisgarh

3. City Project Officer, Deendayal Antyodaya Yojna, National Urban Livehood Mission (Nulm), Kumhari, District- Durg, Chhattisgarh

4. City Project Officer, Deendayal Antyodaya Yojna, National Urban Livehood Mission (Nulm), Dalli-Rajhara, District- Balod, Chhattisgarh

-3WPS No. 850 Of 2017

1. Smt. Manisha Mandpa @ Godbole W/o Shri S. Godbole, Aged About 50 Years Presently Working As Community Orghanizer, Municipal Council, Bemetara, District Bemetara, (Chhattisgarh) ---- Petitioner

1. State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Mahanadi Bhavan, Capital Complex, New Raipur, P.S. Rakhi, District Raipur, (Chhattisgarh)

2. Mission Director, National Urban Livelihood Missiond ( N L U M), Office Of State Urban Developmentd Agency, ( S U D A), 4th Floor, Indr5avati Bhavan, Capital Complex, New Raipur, District Raipur (Chhattisgarh) Mission ( N U L M), Bemetara, District Bemetara, (Chhattisgarh) WPS No. 3644 Of 2016

1. Syed Shahbaz Rizvi S/o. Md. Muslim Aged About 52 Years Presently Working As Community Organiser, Under The Scheme Of National Urban Livelihood Mission ( N U L M), Raigarh (Chhattisgarh)

2. Smt. Kamini Guru W/o. Late Rajesh Guru Aged About 56 Years Presently Working As Community Organiser, Under The Scheme Of National Urban Livelihood Mission ( N U L M), Raigarh (Chhattisgarh)

3. Chandra Prakash Shrivastava S/o. Late C K Shrivastava Aged About 49 Years Presently Working As Community Organiser, Under The Scheme Of National Urban Livelihood Mission ( N U L M), Raigarh (Chhattisgarh)

4. Smt. Pushpalata Thakur W/o. Shri R S Thakur Aged About 49 Years Presently Working As Community Organiser, Under The Scheme Of National Urban Livelihood Mission ( N U L M), Raigarh (Chhattisgarh)

5. Smt. Maya Verma W/o. Shri Dayashankar Chatra Aged About 42 Years Presently Working As Community Organiser, Under The Scheme Of National Urban Livelihood Mission ( N U L M), Raigarh (Chhattisgarh)

6. Ku. Sarita Gatray D/o. Late Ganesh Ram Aged About 34 Years Presently Working As Community Organiser, Under The Scheme Of National Urban Livelihood Mission ( N U L M), Raigarh (Chhattisgarh)

-47. Smt. Nita Kanwar W/o. Shri C L Kanwar Aged About 34 Years Presently Working As Community Organiser, Under The Scheme Of National Urban Livelihood Mission ( N U L M), Raigarh (Chhattisgarh) ---- Petitioner

1. State Of Chhattisgarh Through : The Secretary Department Of Urban Administration And Development Mantralaya, Mahanadi Bhawan, Naya Raipur (Chhattisgarh)

2. Mission Director, National Urban Livelihood Mission ( N U L M) O/o. State Urban Development Authority ( S U D A), 4th Floor, Indrawati Bhawan, Raipur (Chhattisgarh)

3. Dy. Chief Executive Officer, Finance & Administration, National Urban Livelihood Mission ( N U L M) O/o. State Urban Development Authority ( S U D A), 4th Floor, Indrawati Bhawan, Raipur (Chhattisgarh)

4. City Project Officer, Deendayal Antyoday Yojna, National Urban Livelihood Mission ( N U L M), Raigarh (Chhattisgarh)

5. Mission Manager, Deendayal Antyoday Yojna, National Urban Livelihood Mission ( N U L M), Raigarh (Chhattisgarh) WPS No. 3425 Of 2017 Veena Mahato D/o Late Shri Chintamani Mahato, Aged About 34 Years R/o Village Salibhata, Post Barpali, District Korba Chhattisgarh. ---- Petitioner

1. State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Mahanadi, Bhavan, Capital Complex, New Raipur, Police Station Rakhi, District Raipur Chhattisgarh.

2. Mission Director, National Urban Livelihood Mission ( N L U M ), Office Of State Urban Development Agency, ( S U D A ), 4th Floor, Indravati Bhavan, Capital Complex, New Raipur, District Raipur Chhattisgarh. Mission ( N U L M ), Korba, District Korba Chhattisgarh.

-5WPS No. 3419 Of 2017 Kiran Tiwari D/o Shri Bhushan Prasad Tiwari, Aged About 43 Years R/o Purani Basti, Bhandari Chowk, Korba, District Korba Chhattisgarh. ---- Petitioner

1. State Of Chhattisgarh Through Secretary, Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, P. S. Rakhi, District Raipur (Chhattisgarh)

2. Mission Director, National Urban Livelihood Mission ( N U L M ) O/o State Urban Development Authority ( S U D A ), 4 Th Floor Indrawati Bhawan, Raipur District Raipur Chhattisgarh.

3. City Project Officer, Deendayal Antyoday Yojna National Urban Livelihood Mission ( N U L M ), Korba District Korba Chhattisgarh. WPS No. 5386 Of 2016

1. Smt. Rajshri Awasthi W/o Shri Atul Kumar Awasthi, Aged About 51 Years Presently Working As Community Organizer, Municipal Corporation, Bhilai, Distirct Drug Chhattisgarh

2. Santosh Kasar, S/o Late Shri C.L. Kasar, Aged About 46 Years Presently Working As Community Organizer, Municipal Corporation, Durg, Distirct Drug Chhattisgarh

3. Smt. Shanti Pandey W/o Shri A.K. Pandey, Aged About 51 Years Presently Working As Community Organizer, Municipal Corporation, Durg, Distirct Drug Chhattisgarh

1. State Of Chhattisgarh Through Secretary, Deprtment Of Urban Administration And Development, Mahanadi Bhavan, Capital Complex, New Raipur, P.S. Rakhi, Distirct Raipur Chhattsigarh

2. Mission Director, National Urban Livelihood Mission N.L.U.M. Office Of State Urban Development, Agency S.U.D.A. 4th Floor Indravat Bhavan, Capital Complex, New Raipur, Distirct Raipur Chhattisgarh

3. City Project Officer, Deendayal Antyodaya Yojna Naitonal Urban Livlihood Mission N.U.L.M. Bhilai District Durg Chhattisgarh

-6WPS No. 5365 Of 2016

1. Jyoti Dilliwar W/o Shri Virendera Dilliwar, Aged About 37 Years Presently Working As Community Organizer, Municipal Corporation, Bhilai, District Durg, (Chhattisgarh)

2. Bharti Kashyap, D/o Shri Chandan Singh, Aged About 40 Years Presently Working As Community Organiser, Municipal Corporation, Bhilai, District Durg (Chhattisgarh)

3. Malti Rajput, W/o Shri Santosh Singh Rajput, Aged About 46 Years Presently Working As Community Organiser, Municipal Corporation, Bhilai, District Durg (Chhattisgarh)

4. Mathura Sahu, D/o Shri Bhaiya Ram Sahu, Aged About 40 Years Presently Working As Community Organiser, Municipal Corporation, Bhilai, District Durg (Chhattisgarh)

5. Kusum Lata Yadav, W/o Shri R. S. Yadav, Aged About 38 Years Presently Working As Community Organiser, Municipal Corporation, Bhilai, District Durg (Chhattisgarh)

6. Anita Mule, W/o. Shri Nitin Mule, Aged About 38 Years Presently Working As Community Organiser, Municipal Corporation, Bhilai, District Durg (Chhattisgarh)

7. Alpana Chandrakar, W/o Shri Chandra Mani Chandrakar, Aged About 40 Years Presently Working As Community Organiser, Municipal Corporation, Bhilai, District Durg (Chhattisgarh)

8. Sushma Sahu, W/o Shri Rajendra Kumar Sahu, Aged About 46 Years Presently Working As Community Organiser, Municipal Corporation, Bhilai, District Durg (Chhattisgarh)

9. Saroj Thakur, W/o. Shri Firoj Thakur, Aged About 37 Years Presently Working As Community Organiser, Municipal Corporation, Bhilai, District Durg (Chhattisgarh) 10.Mamta Ahirwar, D/o Shri Balram Ahirwar, Aged About 40 Years Presently Working As Community Organiser, Municipal Corporation, Bhilai, District Durg (Chhattisgarh)

1. State Of Chhattisgarh Through: Secretary, Department Of Urban

-7Administration And Development, Mahanadi Bhavan, Capital Complex, New Raipur, P.S. Rakhi, District Raipur, (Chhattisgarh)

1. Pushpa Dhruve D/o Shri S.R. Dhruve Aged About 48 Years Presently Working As Community Balod, District- Balod, Chhattisgarh

2. Sunanda Phuljhare W/o Shrib. R. Phuljhare Aged About 53 Years Presently Working As Community Organizer, Municipal Corporation, Durg, District- Durg, Chhattisgarh

1. State Of Chhattisgarh Through: Secretary, Department Of Urban Administration And Development, Mahanadi Bhavan, Capital Complex, New Raipur, Police Station Rakhi, District Raipur, Chhattisgarh

2. Mission Direcotr, National Urban Livelihood Mission ( Nlum), Office Of- State Urban Development Agency, (Suda), 4th Floor, Indravati Bhavan, Capital Complex, New Raipur, District Raipur, Chhattisgarh Mission (Nulm), Durg, District- Durg, Chhattisgarh

4. City Project Officer, Deendayal Antyodaya Yojna, National Urban Livelihood Mission (Nulm), Balod, District-Balod, Chhattisgarh WPS No. 7167 Of 2016

1. Smt. Usha Sahu W/o Shri Raju Sahu Aged About 36 Years Presently Working As Community Organizer, Municipal Corporation, Durg, District- Durg, Chhattisgarh

2. Smt. Ganga Sahu W/o Shri Premchand Sahu Aged About 42 Years Presently Working As Community Organizer, Municipal Corporation, Durg, District- Durg,

-8Chhattisgarh

3. Rama Sharma D/o Shri B.L. Sharma Aged About 48 Years Presently Working As Community Organizer, Municipal Corporation, Bhilai, District- Durg, Chhattisgarh

4. Smt. Usha Singh Chouhan W/o Shri Ashutosh Singh Chouhan Aged About 51 Years Presently Working As Community Organizer, Municipal Corporation, Durg, District- Durg, Chhattisgarh

1. State Of Chhattisgarh Through: Secretary, Department Of Urban Administration And Development Of Urban Administration And Development, Mahanadi Bhavan, Capital Complex, New Raipur, P.S. Rakhi, District- Raipur, Chhattisgarh

2. Mission Director, National Urban Livelihood Mission ( Nlum), Office Of- State Urban Development Agency, (Suda), 4th Floor, Indravati Bhavan, Capital Complex, New Raipur, District- Raipur, Chhattisgarh Mission (Nulm), Bhilai, District- Durg, Chhattisgarh

4. City Project Officer, Deendayal Antyodaya Yojna, National Urban Livelihood Mission (Nulm), Durg, District- Durg, Chhattisgarh For Respective Petitioners : Shri Sudeep Agrawal, Shri P.R. Patankar, Shri Abhishek Sinha and Shri Ankit Singhal, Advocates For Respective Respondents :

Shri H.B. Agrawal, Sr. Advocate with Smt. Meera Jaiswal, Shri S.P. Kale, Shri B.D. Guru, Shri Sushobhit Singh Advocates S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 14/12/2017 Heard.

1. With the consent of learned counsel appearing for the parties, all the writ

-9petitions are being disposed off by this common order.

2. This petitions have been filed by the petitioners seeking issuance of direction for consideration of them claim for regularization, on the submission that the petitioners are continuing to work in the Mission for last 10 to 25 years without any break in service and it is submitted that exploitative terms and conditions of service are against the spirit of public employment. Further submission of learned counsel for the petitioners is that though at the Mission level, recommendation have been prepared and sent to the State Govt., the matter has remained pending without any decision.

3. The petitioners appear to be working since long ranging from 10 to 25 years. Therefore, this is an appropriate case where the State and other respondents in coordination should examine the whole matter and consider the petitioner's claim for regularization taking into considering the existing scheme of regularization prevalent in the State. The decision should be taken within a period of 8 weeks.

4. In case the petitioners' grievance is not redressed, they will be at liberty to revive the petition.

5. The petitions are accordingly disposed off. Sd/-/-- (Manindra Mohan Shrivastava) Judge Praveen