Surendra Kumar Kesharwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.7024 OF 2018 Kumadas Manikpuri S/o Late Birjhu Das Manikpuri Aged About 51 Years Section Writer, Copying Section, Tahsil Office Gurur, District Balod, R/o Village Dhobanpuri, Tahsil Gurur, District Balod Chhattisgarh.

...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) WRIT PETITION (S) NO.7028 OF 2018 Kishor Kumar Sahu S/o Late Shri Shriram Sahu Aged About 45 Years Section Writer In Coping Section, In The Office Of Tahsildar Durg, DistrictDurg, Chhattisgarh.

...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 Durg, Chhattisgarh. ... Respondent(s) WRIT PETITION (S) NO.7030 OF 2018 Surendra Kumar Kesharwani S/o Shri Madan Lal Kesharwani Aged About 49 Years Section Writer, In The Office Of Tahsildar Kawardha, In Coping Section R/o Radha Krishan Ward No. 21, Kawardha, Tahsil Kawardha, District Kabirdham Chhattisgarh.

...Petitioner(s)

Versus

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

2. The Collector, Kabirdham, District Kabirdham, Chhattisgarh. ... Respondent(s) For Petitioners :

Shri Subhash Yadav, Advocate.

For Respondent-State :

Ms. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 25.10.2018

1. The relief sought for by the petitioners in these petitions is for a direction to the respondents to consider their case for regularization.

2. The contention of the three petitioners is that the petitioners have been initially appointed on 31.05.1999, 25.07.1994 and 26.06.1996 respectively on the post of Section Writer on temporary basis in the offices of Tehsildar, Gurur, Distt. Balod, Tehsildar, Distt. Durg and Tehsildar, Distt. Kawardha and since then

they are continuously working on the said post of Sector Writer, but the respondents have not regularized their services.

3. 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.

4. He further brought to the notice of the 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.1202 of 2010 which also stood dismissed by the Division Bench on 15.12.2010 affirming the order passed by the Single Bench wherein a bunch of writ petitions were decided and disposed of.

5. 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 over Lower Division Clerk (Assistant Grade III).

6. Given the aforesaid decisions rendered by this court in WPS No.1959 of 2014 and also the 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 in similar terms with a direction to the respondents to consider the claim of the petitioners 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 petitioners.

7. It is ordered that the petitioners 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 far as similarly/identically placed persons are concerned.

8. All the writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy Judge inder