High Court Of ChhattisgarhWPS/8334/2018disposed off

Raju Ram Tandon v. State Of Chhattisgarh

2018-12-14Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8334 of 2018

1. Raju Ram Tandon S/o Shri Ram Kumar Tandon, Aged About 39 Years, Working As Post Of Rasoiya At Govt. Pre Metric Girls Hostel Lodam, Tahsil- Jashpur, District- Jashpur, Chhattisgarh

2. Mahipal Ram S/o Shri Firan Ram Aged About 38 Years, Working As Post Of Chowkidar At Govt. Pre Metric Girls Hostel Lodam, TahsilJashpur, District- Jashpur, Chhattisgarh

3. Shridevi Bai D/o Shri Bhulan Ram, Aged About 28 Years Working As Post Of Peon At Govt. Girls Higher Secondary Lodam, Tahsil Jashpur, District- Jahspur, Chhattisgarh

4. Mahangu Ram S/o Shri Gurhu Ram Aged About 34 Years Working As Post Of Peon At Govt. Post Metric Boys Hostel Pathalgaon, Tahsil- Pathalgaon, District- Jashpur, Chhattisgarh ---- Petitioners

Versus

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

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

3. The Collector, Jashpur, District- Jashpur, Chhattisgarh

4. Block Education Officer, Jashpur, District- Jashpur, Chhattisgarh

5. Block Education Officer, Pathalgaon, District- Jashpur, Chhattisgarh ---Respondents For Petitioners :

Mr. Somkant Verma, Advocate For State :

Mr. S. P. Kale, Dy. Advocate General Hon'ble Shri Justice P. Sam Koshy Order on Board 14/12/2018

-21. The limited relief which the petitioners have sought is for a direction to the respondents to consider the case of the petitioners for regularization in the department.

2. According to the petitioners, they have been serving under the respondents for the last more than 10 years 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 onetime 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 the writ petition stands disposed off with a direction to the respondent No.2 to consider the case of the petitioners for regularization keeping in view the observations of the Hon'ble Supreme Court in the case of "Uma Devi" (supra).

4. With the aforesaid observation, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Bhola