Mohan Ram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8131 of 2018

1. Mohan Ram S/o. Shri Bandhnu Ram, Aged About 36 Years Working As Post Of Waterman At Pre Metric Girls Hostel Dokda, Tahsil Kansabel, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh

2. Smt. Malti Bai W/o Shri Thuru Ram, Aged About 36 Years Working As Post Of Waterman At Pre Metric Girls Hostel Bataikela, Tahsil Kansabel, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh

3. Sunil Ram, S/o Shri Hombo Ram, Aged About 25 Years Working As Post Of Waterman At Govt. Tribal Welfare Department Ashram School Chongribahar, Tahsil Kansabel, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh

4. Harishankar Ram, S/o Late Shri Tupa Ram, Working As Post Of Chowkidar At Govt. High School Khutgaon, Tahsil Farsabahar, 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 Education Officer, Kansabel, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh

5. Block Education Officer, Farsabahar, 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 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 Rohit