High Court Of ChhattisgarhWPS/373/2019dismissed

Chhatram v. State Of Chhattisgarh

2019-01-21Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 373 of 2019

1. Chhatram S/o Late Anjor Singh Aged About 44 Years (Peon), R/o Village Kalmi, Block Sarangarh, P.S. Kosir Chowki, (Sarangarh) District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh

2. Smt. Bayan D/o Manbodhi, Aged About 50 Years (Peon) R/o Village Kamla Nagar, Block Sarangarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh

3. Sanjeet Kumar S/o Kunuram Aged About 45 Years (Peon), R/o Village Gudhiyari, Block Sarangarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh

4. Chhatram S/o Mayaram Aged About 41 Years (Peon), R/o Village Deokijor, Block Sarangarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Public Work Department, New Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Engineer In Chief Public Work Department, Raipur, P.S. Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Executive Engineer Public Work Department, Raigarh, P.S. Raigarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ---- Respondents For Petitioner :

Mr. Hemant K. Patel, on behalf of Mr.

M. K. Jaiswal, Advocate For State :

Mr. Salim Kazi, Dy. AG Hon'ble Shri Justice P. Sam Koshy Order on Board 21/01/2019

1. The challenge in the present writ petition is to the order Annexure (P-1) dated 15/10/2013 whereby the claim of the petitioner for regularization in the light of the circular of the State Government dated 05/03/2008 has been rejected.

2. Perusal of the record would show that the services of the petitioners has been discontinued by the respondents way back in the year 2000/2001 thereafter they are till date out of employment .

3. The said discontinuance does not appear to have been challenged before Court of law and given the said facts since the petitioners are not in employment, the relief of regularization does not arise at all neither can discontinuance of daily wage employee done almost two decades ago be questioned before this Court in exercise of its powers under Article 226 be entertained at this belated stage. On both these grounds the writ petition stands dismissed.

Sd/- (P. Sam Koshy) Judge Rohit