Sarwan Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8111 of 2018

1. Sarwan Kumar S/o Harivaran Lal Aged About 40 Years Caste - Satnami, R/o Village Kodwahi, Post Office Silpahari, Marwahi, Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

2. Smt. Omvati Yadav W/o Kamta Prasad Aged About 40 Years Caste Yadav, R/o Village Rumga, Marwahi, Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

3. Manmohan Khare S/o Siyaram Khare Aged About 42 Years Caste Suryavanshi, R/o Village Auraikhurd, Post Pahariya, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

4. Raj Kumar Sahu S/o Durjan Sahu Aged About 42 Years Caste Sahu, R/o Village Sakola, Post Office Kotmi, Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

5. Bethel Kumar Lakda S/o Dhanan Singh Lakda Aged About 48 Years Caste - Uraon, R/o Village Nimdha, Post Pendra, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Tribal Development, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. District Education Officer Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

3. Assistant Commissioner Department Of Tribal Development, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

4. Ashok Kumar Maravi S/o Belan Singh Gond Working As Peon, At Govt. Higher Secondary School, Marwahi, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

5. Bethel Kumar Lakda S/o Dhanan Singh Lakda Aged About 48 Years Caste - Uraon, R/o Village Nimdha, Post Pendra, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondents For petitioner :

Shri Ajay Shrivastava, Advocate.

For State :

Shri Majid Ali,Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 10/12/2018

1. The challenge in the present writ petition is the action of the respondents in not granting the benefit of regularization to the

petitioners though the benefit has been extended to a person junior to the petitioners i.e. respondent no.5.

2. Counsel for the petitioner submits that right from the time of appointment, the petitioners were either similarly placed or were senior to respondent no.5 but when the question of regularization came, ignoring the claim of the petitioners, only the case of respondent no.5 has been considered by respondent no.4. He further submits that the petitioners have already made a detailed representation to respondent no.2 in this regard and the same is pending consideration before the authority, therefore, prays for a direction to the respondents 2 & 4 to take an appropriate decision on the representation of the petitioners.

3. Given the aforesaid nature of dispute which the petitioners have raised in the present writ petition, this Court is of the opinion that no fruitful purpose would serve in admitting the petition and keeping in pending. Rather ends of justice would meet if the respondents are directed to reconsider the grievance of the petitioner and pass an appropriate order at the earliest considering the objections and contentions which they have raised in their representation. The petitioners are directed to file a fresh representation in addition to the representation that they have made supported with all relevant documents in respect of their claim. Subject to the petitioners filing a fresh representation within a period of 10 days from the date of receipt of copy of this order, respondents 2 & 4 shall scrutinize the same on merits and pass a detailed order within a further period of 90 days thereafter.

4. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Rohit JUDGE