Kamlesh Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5233 of 2021

1. Kamlesh Nishad S/o Shri Mohan Lal Nishad Aged About 48 Years Working As Field Assistant At Khad Sangrahan Kendra, Markfed, Palari, District Balodabazar Bhatapara Chhattisgarh

2. Rajesh Kumar Yadav S/o Shri Ramsingh Yadav Aged About 51 Years Working As Field Assistant, Peddy Collection, Centre, Markfed, Borasagar, District Janjgir Champa Chhattisgarh

3. Kalyan Mannade S/o Arkhu Ram Mannade Aged About 55 Years Working As Filed Assistant, Paddy Collection Centre, Markfed, Kanhera, Road, Kondagaon, District Kondagaon Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Co-Operative Societies, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh

2. Managing Director Chhattisgarh State Marketing Federation Nava Raipur, Atal Nagar, Raipur District Raipur Chhattisgarh

3. The Secretary Chhattisgarh State Marketing Federation Nava Raipur, Atal Nagar, Raipur District Raipur Chhattisgarh ---- Respondents For Petitioner :

Mr. Vikas Dubey, Advocate.

For State :

Ms. Sunita Jain, GA For Res. No.2 & 3 :

Mr. Ashish Surana, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 29.09.2021

1. The learned counsel for the petitioners prays at this juncture for appropriate decision on the representation of the petitioners that they have made in respect of the grievance of not being regularized on the post of Field Assistant from the date of their regularization.

2. According to the petitioner the grievance of the petitioners has arisen on account of identically placed persons being granted the benefit of regularization on the post of Field Assistant.

3. Counsel for the respondents submits that since petitioners services are governed under the provisions of Chhattisgarh Co-operative Societies Act, the petitioners would be at liberty to raise a dispute under the said Act for redressal of their grievance.

4. At this juncture counsel for the petitioners submits that as of now their demand is only for deciding the representation and subject to the outcome of that representation, the petitioner would be in a position to raise a dispute.

5. Given the said facts and circumstances of the case, and the submissions made by the counsel for either side, the writ petition at this juncture stands disposed of directing the respondent no.2 & 3 to take an appropriate decision on the representation of the petitioners in respect of their claim for regularization on the post of Field Assistant from the date of regularization at the earliest preferably within a period of 90 days from the date of receipt of copy of this order.

6. With the aforesaid observation, the writ petition accordingly stands disposed of.

Sd/- (P. Sam Koshy) Judge Rohit