Chhattisgarh Chhatrawas Adhikshak Kalyan Sangh Society v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5571 of 2019 Chhattisgarh Chhatrawas Adhikshak Kalyan Sangh Society Registered Office At House No. 592, Ward No. 3, Nadi Road, Nayapar, Durg, District Durg (C.G.) Through Its President And Authorized Representative Abhay Kumar Modak, S/o Late P. N. Modak, Aged About 48 Years, R/o Shanti Vihar Colony Daganiya, Raipur District Raipur (C.G) ---- Petitioner

Versus

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

2. Commissioner Scheduled Tribe and Scheduled Caste Development, Indrawati Bhawan, Atal Nagar, Raipur District Raipur Chhattisgarh, --- Respondents For petitioner - Shri Shashank Thakur, Advocate. For State-Smt. Sunita Jain, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 30/07/2019 Heard.

1.

Instant petition is filed on behalf of the association of the employees who were working as Hostel Superintendents (Cadre-D) in 2015-2016. The petitioner is a society who has been authorized by the resolution to file this instant petition on behalf of its members. Grievance of the petitioner is that the petitioner members they were appointed as Hostel Superintendents (Cadre-D) from 2015 to 2016, the probation period was for two years and despite the fact that their probation period has expired as per appointment letter and further as per Chhattisgarh Schedule Tribe and Scheduled Caste Development Subordinate Teaching Service Cadre (Class III non-clerical) Service Recruitment Rules-2011 framed by the State wherein Rule 18 provides that probation period would be for two

years.

2.

Learned counsel submits that proceeding were initiated on request made by the association, further same has not been considered and concluded till date, therefore State may be directed to conclude the proceeding so as to take decision with respect to conclusion of the probation period of the members of the petitioner so that they are regularized.

3.

Learned State counsel do not oppose the same. 4.

Considering the limited prayer and perusal of the document shows that petitioner has already made representation to the respondent No.2 and on their prayer proceeding was also commenced, which is fortified by the communication on record. Taking into such fact, it is directed that the State shall take into request of the association and shall come to conclusion with continuation of the probation as applicable by taking into consideration the rules governing the appointment as early as possible within outer limit of four months.

5.

With such observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) JUDGE gouri