High Court Of ChhattisgarhWPS/8138/2018disposed off

Suleman Xalxo v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8138 of 2018

1. Suleman Xalxo S/o Shri Bhinsent Xalxo Aged About 38 Years Working As Post Of Chwkidar At Govt. High School Rajlapath, Thasil - Manora, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

2. Satya Kumar S/o Shri Bhim Sai Aged About 35 Years Working As Post Of Chowkidar At Govt. New Higher Secondary School Kurdeg, Tahsil - Bagicha, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

3. Ku. Agresari Bai D/o Shri Kutlu Ram Aged About 35 Years Working As Post Of Waterman At Govt. New Highe Secondary School Basantala, Tahsil - Bagicha, Distrit Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

4. Radheshyam Ram S/o Shri Ronha Ram Aged About 35 Years Working As Waterman At Govt. New Higher Secondary School Kurdeg, Tahsil Bagicha, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

5. Fulsay S/o Shri Bonde Ram Aged About 40 Years Working As Waterman At Govt. New Higher Secondary School Bachharao, Tahsil - Bagicha, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

6. Suresh Ram S/o Shri Konda Ram Aged About 48 Years Working As Waterman At Govt. New Higher Secondary School Basantala, Tahsil Bagicha, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

7. Nandkumar Ram S/o Shri Sadhu Ram Aged About 38 Years Working As Chowkidar At Govt. New Higher Secondary School Pandrapath, 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 District Education Officer Jashpur, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

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

4. Block Education Officer Manora, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

5. Block Education Officer Bagicha, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ---- Respondents For Petitioners :

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 2007 & 2008 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