Firat Ram Yadav v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 7677 of 2018
1. Firat Ram Yadav S/o Late Shri Khusoram Yadav, Aged About 52 Years Occupation - Daily Waged Employee, The Petitioners Are Working Under The Indira Gandhi Krishi Vishvavidhyalay, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh
2. Krishna Kumar Sahu S/o Late Jhaduram Sahu, Aged About 43 Years Occupation - Daily Waged Employee, The Petitioners Are Working Under The Indira Gandhi Krishi Vishvavidhyalay, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh
3. Asharam Yadav S/o Late Ghanshyam Prasad Yadav, Aged About 50 Years Occupation - Daily Waged Employee, The Petitioners Are Working Under The Indira Gandhi Krishi Vishvavidhyalay, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh
4. Uttra Kumar Kaushik S/o Late Barelal Kaushik Aged About 49 Years Occupation - Daily Waged Employee, The Petitioners Are Working Under The Indira Gandhi Krishi Vishvavidhyalay, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh
5. Dileshar Prasad Yadav S/o Late Ramnath Yadav Aged About 50 Years Occupation - Daily Waged Employee, The Petitioners Are Working Under The Indira Gandhi Krishi Vishvavidhyalay, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh
6. Shrawan Kumar Patel S/o Shri Radheshyam Patel Aged About 46 Years Occupation - Daily Waged Employee, The Petitioners Are Working Under The Indira Gandhi Krishi Vishvavidhyalay, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh
7. Vinod Kumar Lodhi S/o Late Bhovram Lodhi Aged About 44 Years Occupation - Daily Waged Employee, The Petitioners Are Working Under The Indira Gandhi Krishi Vishvavidhyalay, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh
8. Kamlesh Kumar Yadav S/o Shankar Lal Yadav, Aged About 39 Years Occupation - Daily Waged Employee, The Petitioners Are
Working Under The Indira Gandhi Krishi Vishvavidhyalay, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh
9. Kaushilya Bai Kaushik W/o Dinesh Kaushik Aged About 45 Years Occupation - Daily Waged Employee, The Petitioners Are Working Under The Indira Gandhi Krishi Vishvavidhyalay, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh 10.
Ashok Kumar Kenwat S/o Late Kartikram Kenwat Aged About 41 Years Occupation - Daily Waged Employee, The Petitioners Are Working Under The Indira Gandhi Krishi Vishvavidhyalay, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh 11.
Ramesh Kumar Verma S/o Late Guha Ram Verma Aged About 52 Years Occupation - Daily Waged Employee, The Petitioners Are Working Under The Indira Gandhi Krishi Vishvavidhyalay, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh ---- Petitioners
Versus
1. State Of Chhattisgarh Through Secretary, Agricultural Department, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh
2. The Registrar, Indira Gandhi Krishi Vishvavidhyalay, Labhandi, Raipur, District Raipur, Chhattisgarh
3. The Dean/ Presiding Officer TCB College Of Agriculture And Research Station, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh ---- Respondents For petitioners :
Shri Palash Tiwari, Advocate.
For Respondents :
Shri S. P. Kale, Dy. A.G. and Shri Shashank Thakur, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 07/12/2018
1. Counsel for the petitioners makes an oral request for making necessary correction in the cause title of the writ petition so far as the status of respondent no.2 is concerned.
2. Not opposed.
3. Accordingly, the oral request is accepted. Let necessary correction be carried out during the course of the day.
4. The claim of the petitioners in the present writ petition is for a direction to the respondents to consider their case for regularization.
5. Contention of the counsel for the petitioners is that the petitioners have been working with the respondents as daily wage employee continuously since 1997 and as such they have been put in service for more than 21 years with the respondents. He submits that the petitioners have worked for more than 21 years with the respondents itself shows that there was availability of work and post with the respondents and therefore the respondents ought to have considered the petitioners for regularization. It has been pointed out by the counsel for the petitioners that identically placed persons have already been considered by the respondents for regularization and group of persons were regularized as early as on 15.09.2008. It is further contended that the order of regularization of similarly placed persons dated 15.09.
2008 was in accordance with the circular of the State Govt. dated 05.03.2008. It was lastly contended that even the case of the petitioners was duly considered by the respondents and their case for regularization was referred to the higher authorities in the department but no final order has been passed regularizing the services of the petitioners.
6. Keeping in view the aforesaid contentions of the counsel for the petitioners, this Court is of the opinion that no fruitful purpose would serve in admitting the petition and keeping it pending for long. Rather ends of justice would meet if the writ petition is disposed of with a
direction to respondents 2 & 3 to consider the case of the petitioners also in the light of the observations and contentions made by the petitioners in the preceding paragraph and an appropriate order be passed within a period of 90 days from the date of receipt of copy of this order.
7. With the aforesaid observation, the writ petition stands disposed of. Sd/- (P. Sam Koshy) JUDGE Khatai