High Court Of ChhattisgarhWPS/5367/2021disposed off

Vijay Kumar Koshle v. State Of Chhattisgarh

2021-10-04Hon'Ble Shri Justice P. Sam Koshy3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5367 of 2021

1. Vijay Kumar Koshle S/o Shri Bhanuram Koshle, Aged About 39 Years Occupation Class IV Employee, Govt. Pre. Metric. Schedule Caste Boys Hostel Birra, R/o Village Jaijaipur, District Janjgir Champa Chhattisgarh

2. Kumari Suman Sahu D/o Shri Dwarika Prasad Sahu, Aged About 31 Years, Occupation Cook, Govt. Pre. Metric. Schedule Caste Girls Hostel Chotiya, Block Bamhnidih, R/o Village Bamhnidih, District Janjgir Champa Chhattisgarh

3. Kumari Susheela Yadav D/o Shri Baishakhu Yadav, Aged About 44 Years, Occupation Cook, Govt. Pre. Metric. Schedule Caste Girls Aashram Akalsara, R/o Village Akalsara, Block Jaijaipur, District Janjgir Champa Chhattisgarh

4. Smt. Durgeshwari Mathur S/o Shri Tarachand Mathur, Aged About 23 Years Occupation Cook, Govt. Pre. Metric. Schedule Caste Girls Hostel Chotiya, Block Bamhnidih, R/o Village Bamhnidih, Block Bamhnidih, District Janjgir Champa, Chhattisgarh

5. Smt. Jankibai W/o Shriram, Aged About 26 Years, Occupation Cook, Govt. Pre. Metric. Schedule Caste Girls Hostel Birra, Block Bamhnidih, R/o Village Bamhnidih, Block Bamhnidih, District Janjgir Champa Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Scheduled Tribe/ Scheduled Caste Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh

2. Commissioner, Department of Schedule Caste And Schedule Tribe Development, Raipur, District Raipur Chhattisgarh

3. Assistant Commissioner, Tribal Development, District Janjgir Champa Chhattisgarh

4. Collector, Janjgir Champa, District Janjgir Champa, Chhattisgarh --- Respondents

For Petitioners :

Mr. Abdul Wahab Khan, Advocate.

For State :

Mr. Kunal Das., P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 04.10.2021

1. The limited grievance that the petitioners have in the instant case is the action on the part of the petitioners in discontinuing the services of petitioners.

2. According to the counsel for petitioners, they were all working as daily wage employee under the respondents and suddenly, the services of the petitioners were discontinued.

3. Today when the matter is taken up for hearing, counsel for petitioners submits that he has instruction to state that there is availability of work in the department and they are also in need of daily wage employees, however, ignoring the claim of petitioners for said work they are appointing third persons against the said post.

4. The only prayer that the petitioners make at this juncture is that, if at all, if the respondents intend to engage daily wage workers, let the petitioners be given some preferential right and to be continued instead of appointing fresh personnel. The respondents be directed to take work from the petitioners considering their experience and the length of service rendered by them.

5. Given the said grievance that the petitioners have, the writ petition at this juncture is disposed of directing the respondents 2 to 4 to look into the grievance of petitioners and try to redress the same as far as

possible by reengaging the petitioners, if at all if the State or the respondents intend to get work from the daily wage workers. Under such circumstances, the petitioners be given due weightage for the services that they have already rendered in the past.

6. The writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge Khatai