Syed Shahbaz Rizvi v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.2409 of 2017

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). ---- Petitioner

Versus

1. The 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 Stae 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).

---- Respondents For Petitioners:

Shri N. Naha Roy, Advocate For Respondent/State:

Shri Arvind Dubey, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order On Board 30/06/2017 Heard.

2.

The present writ petition has been filed by the petitioners with a prayer for limited direction to the respondents to consider their cases for regularization in the

respondent department.

3.

As per the pleadings in the writ petition, it appears that the petitioners are working with the respondents for a period almost 20 years. Even today, the petitioners are discharging their services without any interference. Meanwhile, the respondents have formulated certain scheme for regularization of similarly situated persons, which would be applicable in the erstwhile State of Madhya Pradesh as also in the State of Chhattisgarh and therefore, prayed that the respondents may be directed to consider the cases of petitioners for regularization.

4.

Prayer so made by the petitioners in the present writ petition is not opposed by the counsel for the respondents/State.

5.

In view of above, this Court is of the opinion that interest of justice would be met if the present writ petition is finally disposed off with a direction to the respondents No.2 to 5 to consider and take decision in the case of the petitioners. The petitioners would be at liberty to make fresh representation before the competent authority along with relevant documents in respect of their claim for regularization. It is expected that the competent authority shall pass order taking into consideration the entire factual matrix of the case and also considering the guidelines issued by the respondents from time to time.

6.

Accordingly, the writ petition is finally disposed off. SD/- (P. Sam Koshy) Judge Tumane