Praveen Kumar Shukla v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6246 OF 2018

1. Praveen Kumar Shukla S/o Kishori Lal Shukla Aged About 54 Years Presently Working As Sub Engineer In The Office Of Project Manager, ( A D B ) P W D, Division Bilaspur R/o Hig - 21, Parijat Castle, Ring Road No. 2, Bilaspur Police Station Civil Line District Bilaspur Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through The Secretary, Public Works Department Mantralaya Police Station Rakhi Tahsil Aarang, Naya Raipur 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 Bilaspur, Police Station Civil Line Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

4. Project Manager (ADB) P W D , Division, Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Respondent(s) For Petitioner :

Shri Amarnath Pandey, Advocate.

For Respondent-State :

Shri Ram Kumar Gupta, Dy. AG.

Hon'ble Shri Justice P. Sam Koshy Order on Board 24.09.2018 1.

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

Learned counsel appearing for the petitioner submits that the petitioner was initially appointed as Sub Engineer on ad hoc basis on 09.04.1987 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.

3.

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.

4.

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.

5.

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.

6.

No costs.

Sd/- (P. Sam Koshy Judge inder