Temal Singh Markam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5164 of 2021 Temal Singh Markam S/o Shri Gadarai Markam, Aged About 57 Years Occupation Service, Presently Posted As Gatekeeper, Rural Engineering Services, Division Janjgir, District Janjgir Champa Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, New Raipur, Atal Nagar, District Raipur Chhattisgarh

2. Chief Engineer, Panchayat And Rural Development, Vikas Bhawan, Civil Lines, District Raipur Chhattisgarh

3. Executive Engineer, Rural Engineering Services, Division Janjgir, District Janjgir Champa Chhattisgarh

4. Superintendent Engineer, Rural Engineering Services, Janjgir, District Janjgir Champa Chhattisgarh

5. Sub Divisional Officer, Rural Engineering Services, Sub Division Janjgir, District Janjgir Champa Chhattisgarh ---- Respondents For Petitioner :

Mr. Sourabh Sahu, Advocate.

For State :

Ms. Binu Sharma, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 24.09.2021

1. The limited claim that petitioner has in the present writ petition is for appropriate direction to the respondents for considering his claim for regularization in service.

2. Counsel for the petitioner submits that petitioner herein had been working under the respondents as a Daily Wage Employee from 01.07.1988. As such the petitioner by now has put in more than 33 years of service.

Further contention of the petitioner is that the State Government itself has vide circular dated 05.03.2008 taken a policy decision for regulizing all those Daily Wage Workers who were engaged by the State Authorities prior to December, 1997. the petitioner fulfills all the requisite eligibility criteria as on date for regularization in service. The petitioner submits that in the past the services of the petitioner could not be regularized on account of the fact that he did not have the minimum educational qualification which he now has attained in between and therefore now he is fuly eligible for being considered for regularization in terms of the circular dated 05.03.2008.

3. Given the limited grievance that petitioner has, the writ petition at this juncture stands disposed of directing the respondent no.1 & 2 to take appropriate decision in accordance with law at the earliest so far as claim of the petitioner for grant of regularization is concerned.

4. Let an appropriate decision be taken preferably within a period of 90 days from the date of receipt of copy of this order.

5. Writ Petition is allowed and disposed of accordingly. Sd/- (P. Sam Koshy) Judge Rohit