High Court Of ChhattisgarhWPS/8114/2018disposed off

Bharat Ram v. State Of Chhattisgarh

2018-12-10Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8114 of 2018

1. Bharat Ram S/o. Shri Shriram Aged About 34 Years Working As Post Of Chowkidar At Tribal Welfare Department Boys Hostel Sarafkombo, Tahsil Bagicha, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh

2. Gita Bai D/o. Shri Sirma Ram, Aged About 30 Years Working As Post Of Waterman At Govt. Pre Metric Girls Hostel Akamba, Tahsil Bagicha, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh

3. Kunwar Sai Ram, S/o Shri Fuleshwar Ram, Aged About 32 Years Working As Post Of Rasoiya At Tribal Welfare Department Boys Hostel Bimda, Tahsil Bagicha, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh

4. Ramnath Bhagat, S/o. Shri Pandu Ram, Aged About 39 Years Working As Post Of Rasoiya At 50 Seater Tribal Welfare Department Ashram School Kurumdhoda,tahsil Bagicha, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh

5. Mahesh Kumar Tigga S/o Shri Rujan Ram, Aged About 41 Years Working As Post Of Rasoiya At 50 Seater Tribal Welfare Department Ashram School Samdura, Tahsil Bagicha, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh

6. Dilip Kumar Bhagat, S/o. Shri Suresh Ram, Aged About 45 Years Working As Post Of Rasoiya At 50 Seater Tribal Welfare Department Ashram School Samdura, Tahsil Bagicha, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh

7. Pradip Kumar Xalxo, S/o Shri Novas Xalxo, Aged About 35 Years Working As Post Of Waterman At 50 Seater Tribal Welfare Department Ashram School Akamba, Tahsil Bagicha, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh ---- Petitioners

Versus

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

2. The Assistant Commissioner, Tribal Welfare Department Jashpur, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh

3. The Collector, Jashpur, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh

4. Block Educaiton Officer, Bagicha, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh ---- Respondents For Petitioner :

Shri Manoj Chauhan, Advocate For State :

Shri Majid Ali, Dy. Govt. Advocate

Hon'ble Shri Justice P. Sam Koshy Order on Board 10/12/2018 1.

The limited relief which the petitioners has sought is for a direction to the respondents to consider the cases of the petitioners for regularization in the department.

2. According to the petitioners they have been serving under the respondents from 2008 & 2009 and in the light of the judgment of the Hon'ble Supreme Court in the case of "State of Karnataka and Others Vs. Umadevi (3) & Others, 2006(4) SCC 1, as a one time major, the authorities should consider the case for regularization of such employees, whose appointment otherwise is not illegal.

3. Given the facts, which is not disputed by the State counsel, this Court is of the opinion that ends of justice would meet if writ petition stands disposed off with a direction to the respondent No.2 to consider the case of the petitioner for regularization keeping in view the observations of the Hon'ble Supreme Court in the case of "Uma Devi" (supra).

4. With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Rohit