Dhanraj Singh v. State Of Chhattisgarh

AFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4840 of 2018 Dhanraj Singh S/o Makundi Ram Aged About 49 Years R/o Varchakutumb, Tahsil Ambagarh, Chowki, District Rajnandgaon, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Forest, Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur, Chhattisgarh.

2. Divisional Forest Officer, Forest Division Rajnandgaon, District Kabirdham, Chhattisgarh.

---- Respondents For Petitioner : Mr. H.B. Agrawal, Sr. Advocate with Ms. Preeti Yadav, Advocate For State : Mr. R.K. Gupta, Dy.A.G.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 27.07.2018 Heard.

1.

This petition has been filed by the petitioner seeking a direction for consideration of his case for regularization under circular dated 05.03.2008 promulgated by the State Government. 2.

Counsel for the petitioner would submit that the petitioner was initially appointed as Security Labour employee in the year since July, 1994 in the Forest Department. He was removed from service, which was challenged by filing an application before the Labour Court. During the pendency of the matter in the Labour Court, he was again reinstated in service by the Government on 01.08.2015.

3.

It is submitted that in view of the decision passed by the Division Bench of this Court in the case of Tukaram Vs. State of Chhattisgarh (WPC No.1703 of 2015 and batch of petitions), the petitioner shall be deemed to have continued in service from the initial date of appointment in the year since July 1994 by ignoring break in service. 4.

It appears that there is no material on record to show that the petitioner has made any representation for consideration of his case for regularization. Therefore, the petitioner may approach the competent authority for consideration of his claim for regularization under circular dated 05.03.2008 issued by State Government.

5.

Considering the petitioner's case for regularization, the respondent shall take appropriate decision in view of the decision rendered by this Court in the case of Tukaram (supra).

6.

The petition is accordingly disposed off.

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