Khuleshwar Ram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8135 of 2018

1. Khuleshwar Ram S/o Shri Rupan Ram Aged About 36 Years Working As Post Of Chowkidar At Government New Higher Secondary School Bataikela, Tahsil - Kansabel, District - Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

2. Ku. Keshmati Bai S/o Shri Sastu Ram Aged About 30 Years Working As Post Of Chowkidar At Government High School Tangargaon, Tahsil - Kansabel, District - Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh

3. Ramnath Ram S/o Shri Kadwan Ram Aged About 30 Years Working As Post Of Waterman At Government Post Metric Boys Hostel, Tapkara, Tahsil - Farsabahar, District - Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh

4. Sant Kumar Hasda S/o Shri Bhodro Ram Aged About 30 Years Working As Post Of Chowkidar At Government High School Patratoli, Tahsil - Duldula, District - Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, School Education 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 ---- 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