Smt. Dhelabai Netam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.7197 OF 2018 Smt. Dhelabai Netam W/o Kunda Lal Netam, aged about 48 years, Section Writer, in the office of Tahsildar Balod, in Coping Section, R/o Sikaripara, Balod, District Balod (C.G.).

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue Mahanadi Bhawan Mantralaya, Atal Nagar, District Raipur Chhattisgarh.

2. The Collector, District Balod Chhattisgarh. ... Respondent(s) For Petitioner :

Shri Subhash Yadav, Advocate.

For Respondent-State :

Shri Syed Majid Ali, Dy.G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 30.10.2018

1. The relief sought for by the petitioner in the instant Writ Petition is for a direction to the respondents to consider her case for regularization.

2. The contention of the petitioner is that the petitioner has been initially appointed on 20.04.1998 on the post of Section Writer on temporary basis in the office of Tehsildar, Balod and since then she is continuously working on the said post of Sector Writer, but the respondents have not regularized her services. He further submits that similarly placed persons on their being not regularized, had approached this court vide WPS No.1959 of 2014 (Suraj Prasad Soni & Ors. Vs. State of Chhattisgarh & Anr.) which was allowed by this court on 19.11.2015 directing the respondents to consider the case of the petitioners therein for regularization as Section Writers. He further brought to the notice of this court, the orders passed by the High Court of Madhya Pradesh in Writ Petition No.102 of 2010 which was also allowed and disposed of on 08.

01.2010 wherein also similarly placed persons working in the State of Madhya Pradesh had approached the High Court for regularization. The decision of the MP High Court dated 08.01.2010 allowing the writ petition was also challenged in Writ Appeal No.

15.12.2010 affirming the order passed by the Single Bench of MP High Court wherein a bunch of writ petitions were decided and disposed of.

3. The High Court of Madhya Pradesh had also gone to the extent of directing the respondents to consider regularization of Section Writers on the post of Lower Division Clerk (Assistant Grade III).

4. Given the aforesaid decisions rendered by this court in WPS No.1959 of 2014 and also two judgments of MP High Court in Writ Petition as well as Writ Appeal, this court is of the opinion that ends of justice would serve if this petition is also disposed of with a direction to the respondents to consider the claim of the petitioner for regularization on the post of Section Writer, if not, on any other post corresponding to the post of Section Writer at the earliest preferably within a period of four months from the date of receipt of representation of the petitioner.

5. It is ordered that the petitioner shall apprise the respondents in this regard by filing a detailed representation supported with all relevant documents including the judgments which have been rendered by this court as also by the High Court of Madhya Pradesh so also similarly/identically placed persons are concerned.

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