← Library
High Court Of ChhattisgarhCONT/11/2019disposed off

Ishwar Ram Thakur v. Shri Jai Singh Mahsake

2019-01-25Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 11 of 2019 Ishwar Ram Thakur S/o Jagat Ram Thakur Aged About 50 Years R/o Forest Colony Doundi, Working At Forest Range Office Doundi, Tahsil Doundi, District Balod, Chhattisgarh ---- Petitioner

Versus

1. Shri Jai Singh Mahsake, Secretary Forest Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh

2. Sangeeta Gupta Chief Conservator Of Forest, Chhattisgarh, Raipur, District Raipur Chhattisgarh

3. S.S.D. Badgaiya Conservator Of Forest, Durg, District Durg, Chhattisgarh.

4. Dharmsheel Ganveer The Divisional Forest Officer, Forest Division Durg, District Durg Chhattisgarh

5. S.P.Paikra The Divisional Forest Officer, Forest Division Balod, District Balod, Chhattisgarh --- Respondents For Petitioner :

Mr. Jitendra Gupta, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 25/01/2019 Heard.

1.

After going through the contents of the petition, this Court finds that the petitioner's claim for regularization was rejected vide order dated 06.10.2018 principally on the ground that the petitioner has not remained in continuous service.

2.

This Court vide its order dated 26.07.2017 passed in WPS No.3333 of 2017 had clearly observed that the petitioner shall be deemed to be in service without any break. That means the petitioner ought to be treated as continuous in service and on that basis alone, his claim of regularization should have been considered. There is apparent error in the order dated 06.10.2018 which is contemptuous in nature. However, before initiating any proceeding, an opportunity is granted to the concerned authority to reconsider petitioner's claim strictly in accordance with the observation made by this Court and pass fresh order within a period of 45 days from the date of receipt of copy of this order,

failing which, it would be open for the petitioner to revive this contempt petition. 3.

Let a copy of this order be placed before the concerned authority, who passed the order dated 06.10.2018.

4.

With the aforesaid liberty, the contempt petition is disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Rekha