Mahesh Kumar Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.5611 OF 2018

1. Mahesh Kumar Gupta S/o S/o Late Kishun Kumar Gupta Aged About 53 Years Presently Working As Sub Engineer Konta, Sub Division Sukma Division Public Works Department Sukma District Sukma Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, P.S. Rakhi, Tahsil Aarang, Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Engineer In Chief Public Works Department Sirpur Bhawan, Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. Chief Engineer Public Works Department Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

4. Executive Engineer Public Works Department Sukma District Sukma, Chhattisgarh., District : Sukuma, Chhattisgarh ... Respondent(s) For Petitioners :

Shri CJK Rao, Advocate.

For Respondent-State :

Shri Mazid Ali, Dy. Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 30.08.2018

1. Heard.

2. With the consent of the parties, the matter is taken up for hearing finally.

3. Learned counsel appearing for the petitioner submits that the petitioner was initially appointed as Sub Engineer on ad hoc basis on 09.02.1987 against a clear vacant post. The services of the petitioner were continued with artificial break of two or three days in service and worked continuously till the date of his regularization. The petitioner was given the benefits of annual increments.

4. A similarly situated employees approached the State Administrative Tribunal (for short "SAT") in Original Application No. 1979 of 1991 (Satish Kumar Mandloi Vs State of M.P. And another) praying for similar relief as sought for in this petition. Learned counsel appearing for the petitioner submits that this case may also be disposed off in the same terms and conditions.

5. Shri Mazid Ali, learned counsel for the State in the light of the order of the SAT as aforestated, submits that after verifying the facts of the case, petitioner's case shall be considered.

6. In view of the foregoing and categorical statement made by the learned counsel appearing for the State, this petition is allowed in the same terms

i.e. if the Committee finds the petitioner suitable for the post in all respect, he shall be regularized on the post held by him and shall also pay him salary on regular scale. He shall be entitled to salary for the dates on break in service. His seniority shall be counted from the date of his initial appointment.

7. No costs.

Sd/- (P. Sam Koshy Judge inder