Manoj Kumar Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9773 of 2019 • Manoj Kumar Yadav, S/o Late Shri Jaganath Prasad Yadav, Aged About 47 Years R/o Pani Filter Road Champa, District Janjgir Champa Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Department Of Higher Education Mantralaya, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh

2. Commissioner, Department Of Higher Education, Directorate, Indiravati Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh

3. Joint Director, Department Of Higher Education, Raipur, District Raipur Chhattisgarh

4. Principal, Government M.M.R.PG College, Champa District Janjgir Champa Chhattisgarh ---- Respondents For Petitioners :

Shri K.P.S. Gandhi, Advocate For Respondent/ State :

Shri Kapil Maini, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 27.11.2019

1. The relief sought for by the Petitioner in the present writ petition is for an appropriate direction to the Respondents to consider the case of the Petitioner for regularization.

2. According to the Petitioner, she has been working with the Respondents as a daily wage employee since 01.10.2003 onwards, as such she has put in about more than 16 years of service as a daily wage employee.

3. According to the Petitioner, in view of the circular dated 5.3.2008 and the subsequent circulars issued in respect of regularization, the Respondents ought to have considered the claim of the Petitioner also for regularization, but till date the Petitioner's claim has not been finalized or considered by the department. The Petitioner further submits that there

are also sanctioned vacant posts available with the department against which the Petitioner could have been regularized.

4. Given the aforesaid factual matrix of the case, this Court is of the opinion that no fruitful purpose would be served in keeping the petition pending, rather ends of justice would meet if the writ petition itself is disposed of with a direction to Respondents No. 2, 3 & 4 to take a decision so far as the regularization of the Petitioner is concerned at the earliest and thereafter an appropriate order be passed in this regard.

5. Accordingly, the present Writ Petition stands disposed of with a direction to Respondents No. 2, 3 & 4 to consider and decide the claim of the Petitioner in the light of the circular of the State Government dated 5.3.2008 and the subsequent circulars in this regard and also the judgment of the Hon'ble Supreme Court in the case of "Narendra Kumar Tiwari & Ors. v. State of Jharkhand & Ors." (2018) 8 SCC 238.

6. Let an appropriate decision be taken by the Respondents at the earliest preferably within a period of 4 months from the date of receipt of the copy of this order.

7. With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (Goutam Bhaduri) Judge Jyoti