Devendra Kumar Rathore v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9939 of 2019 • Devendra Kumar Rathore S/o Late Shri Thakur Prasad Rathore Aged About 55 Years R/o Village And Post- Saragaon, Police Station- Saragaon, DistrictJanjgir-Champa, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of Water Resources, Mantralaya, Naya Raipur, District : Raipur, Chhattisgarh

2. Engineer-In-Chief Department Of Water Resources, Sihawa Bhawan, Civil Lines, Raipur, District- Raipur, Chhattisgarh.

3. Chief Engineer Minimata Bango Project, Department Of Water Resources, District- Bilaspur, Chhattisgarh.

4. Executive Engineer Hasdeo Canal Water Management, Division- Jangjir, District- Janjgir-Champa, Chhattisgarh.

---- Respondents For Petitioner :

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

Shri Avinash Singh, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 29/11/2019

1. Heard.

2. Grievance of the petitioner, as ventilated through this petition is that even though the petitioner is continuing as daily wage employee since long, his claim for regularization has not been decided till date. It is submitted that though the petitioner was terminated in the year 1996, award of reinstatement was passed in his favour by the Labour Court in the year 2010 with the legal

consequence that the petitioner shall be deemed to be in service from the initial date of appointment in the year 1984.

3. If the case of the petitioner is considered treating his initial date of appointment as in the year 1984, he would be entitled to be considered for regularization under circular dated 05/03/2008 issued for consideration of cases of regularization pursuant to direction of the Supreme Court in the case of Secretary, State of Karnataka and others Vs. Uma Devi (3) and others, 2006 (4) SCC 1 for consideration of cases of those, who have completed 20 years of service.

4. After going through the records and orders passed by the Labour Court, it is quite clear that the effect of the order would be that the petitioner shall be deemed to be in service without any break. This would entitle the petitioner for due consideration for regularization under circular dated 05/03/2008. It is ordered accordingly.

5. Let the case of the petitioner be considered by a duly constituted Committee as per policy dated 05/03/2008 and a decision be taken within an outer limit of three months from the date of receipt of copy of this order.

Sd/- Goutam Bhaduri Judge Jyoti