Saraswati Sahu v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 575 of 2016 Saraswati Sahu, D/o Shri Chamru Ram Sahu, aged about 48 years, R/o Village- Lakhram, P.S.- Ratanpur, District- Bilaspur (C.G.) ---- Appellant versus
1. State of Chhattisgarh, through Secretary, Department of Women of Child Welfare Development, Mantralay, Mahanadi Bhawan, Naya Raipur, District- Raipur (Chhattisgarh)
2. The Commissioner, Department of Women of Child Welfare Development, Naya Raipur, District- Raipur (Chhattisgarh)
3. The Collector, Janjgir-Champa, District- Janjgir-Champa, (Chhattisgarh)
4. The District Project Office, Department of Women of Child Welfare Development, District-Janjgir-Champa, (Chhattisgarh) ---- Respondents For Appellant :
Shri Jeet Patel, Advocate For State/Respondents :
Shri Arun Sao, Deputy Advocate General Coram:
Hon'ble Shri Deepak Gupta, Chief Justice Hon'ble Shri Sanjay Agrawal, Judge Order on Board 11/01/2017
1. This writ appeal is directed against the judgment dated 22.9.2016 passed by the learned Single Judge of this Court dismissing Writ Petition (S) No. 5014 of 2016 filed by the Petitioner/Appellant.
2. The Petitioner/Appellant was appointed as Aaya on daily wage basis
in the year 1990. Her services were terminated in the year 1999. Thereafter, she filed a writ petition challenging the order of her termination and that writ petition was dismissed on 19.7.2006. She challenged the said order by filing an appeal and the writ appeal was dismissed on 13.2.2007.
3. The State of Chhattisgarh in the year 2008 framed a scheme of regularization of those employees who had worked for more than 9 years on daily wage basis. Seeking benefit of this scheme, the Petitioner filed writ petition in the year 2016 praying for her regularization. As rightly held by the learned Single Judge, the Petitioner is out of service since 1999 when her services were terminated. The order of termination was upheld by this Court. She was not in service in the year 2008 when the policy was framed. Therefore, we are afraid that we cannot grant benefit of this policy to the Petitioner.
4. Accordingly the writ appeal is dismissed.
Sd/- Sd/- (Deepak Gupta) (Sanjay Agrawal) CHIEF JUSTICE JUDGE vatti