High Court Of ChhattisgarhCONT/6/2019disposed off

Mukesh Kumar Yadav v. Shri R. Prasanna

2019-01-25Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 6 of 2019 • Mukesh Kumar Yadav S/o Shri Ratan Lal Yadav Aged About 34 Years R/o Housing Board Colony, Block No. 22, Room No. 339, Boriyakala, Dhamtari Road, Police Station Sejbahar, Raipur, District Raipur Chhattisgarh ---- Petitioner

Versus

1. Shri R. Prasanna The Secretary, State Of Chhattisgarh Social Welfare Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur Chhattisgarh

2. Shri Sanjay Alang The Director, Social Welfare Directorate, Chhattisgarh, H.Q. Indrawati Bhawan, Atal Nagar, Raipur Chhattisgarh

3. Shri Bhupendra Pandey The Joint Director, Social Welfare Collectorate Campus, Raipur, District Raipur Chhattisgarh

4. Shri Sanjay Singh The Bilind And Dumph School, Math Purena, Raipur, District Raipur Chhattisgarh.

---- Respondents For Petitioner :

Shri Sandeep Dubey, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 25/01/2019 Learned counsel for the petitioner would submit that though, upon requirement, the petitioner was given contract appointment on preferential basis as per the interim order dated 05/07/2016 passed in WPS No.2036/2016, after one year, contract appointment has not been continued. This Court had passed an interim order that in case of requirement, the petitioner shall be considered on preferential basis. It appears that after one year, the contract appointment has not been renewed and a letter has been sent on 25/09/2018 to the Joint Director, Social Welfare seeking guidelines as to whether the services should be continued or not.

As far as the interim order is concerned, it was directed that in case, requirement is there, the petitioner should be considered on preferential basis. Therefore, the respondent, in case of requirement, will have to consider the petitioner on preferential basis. It would be proper that the Joint Director / competent authority takes a decision on letter dated 25/09/2018 as to whether there is

requirement or not. If there is any requirement, obviously the interim order will come into play and the petitioner will have to be given appointment on preferential basis. This will be subject to final outcome of the petition. With the aforesaid observations, this petition is finally disposed off. Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti