High Court Of ChhattisgarhWPS/8143/2018disposed off

Dashrath Ram v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8143 of 2018

1. Dashrath Ram S/o Shri Padumlal Ram Aged About 38 Years Working As Post Of Chowkidar At Govt. New Higher Secondary School Basantala, Tahsil - Bagicha, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

2. Lalita Bai D/o Shri Bhogdo Ram Aged About 36 Years Working As Post Of Waterman At Govt. New Girls Higher Secondary School Bagicha, Tahsil - Bagicha, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

3. Sharma Ram S/o Shri Devnath Ram Aged About 29 Years Working As Post Of Waterman At Govt. Pre Metric Girls Hostel Bagicha, Tahsil - Bagicha, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

4. Hatkeshwar Ram S/o Shri Jaknu Ram Ram Aged About 40 Years Working As Post Of Chowkidar At Govt. Tribal Welfare Department Ashram School Gurumhakona, Tahsil - Bagicha, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

5. Govind Ram S/o Shri Bhuneshwar Ram Aged About 45 Years Working As Post Of Rasoiya At Govt. Tribal Welfare Department Ashram Schol Gurumhakona, Tahsil - Bagicha, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

6. Bajarang Ram S/o Shri Chamru Ram Aged About 32 Years Working As Post Of Waterman At Govt. Tribal Welfare Department Girls Ashram School Bagicha, Tahsil - Bagicha, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

7. Dinesh Kumar Hasda S/o Shri Kutlu Ram Aged About 30 Years Working As Post Of Waterman At Govt. Tribal Welfare Department Ashram School Pasiya, Tahsil - Bagicha, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

8. Sundar Sai S/o Shri Tiranga Ram Aged About 32 Years Working As Post Of Waterman At Govt. Tribal Welfare Department Ashram School Maini, Tahsil - Bagicha, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

9. Rupmani Bai D/o Shri Karmu Ram Aged About 33 Years Working As Post Of Rasoiya Of Govt. Pre Metric Girls Hostel Pandrapath, Tahsil - Bagicha, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 10.Sushma Bai D/o Late Shri Asari Ram Aged About 34 Years Working As Post Of Waterman At Govt. Tribal Welfare Department Ashram School Jurgum, Tahsil Bagicha, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ---- Petitioners

Versus

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

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

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

4. The Collector, Jashpur, 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 Rohit