High Court Of ChhattisgarhWPS/8561/2018allowed

K.R.Ganjeer v. State Of Chhattisgarh

2019-01-07Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 8561 OF 2018

1. K.R. Ganjeer, S/o Late Mani Ram Ganjeer, aged about 58 years, Working as Incharge-Executive Engineer, Public Works Department (B/R), District Sukma, (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, through the Secretary, Public Works Department, Mahanadi Bhawan, Atal Nagar, New Raipur (C.G.)

2. Engineer-In-Chief, Public Works Department, Sector - 19, Nirmad Bhawan, New Raipur (C.G.) ... Respondent(s) For Petitioner : Shri Somkant Verma, Advocate.

For Respondents-State : Shri Salim Kazi, Dy. A. G. Hon'ble Shri Justice P. Sam Koshy Order on Board 07.01.2019 Heard.

1. With the consent of the parties, the matter is taken up for hearing finally.

2. Learned counsel appearing for the petitioner submits that the petitioner was initially appointed as Sub Engineer on ad hoc basis on 22.09.1981 against a clear vacant post. The services of the petitioner were continued with artificial break of two or three days in service and worked continuously till the date of his regularization. The petitioner was given the benefits of annual increments.

3. The similarly situated employees have approached the State Administrative Tribunal (for short "SAT") in Original Appliction No. 1979/91 (Satish Kumar Mandloi vs. State of M.P. and another) praying for similar relief as sought for in this petition. Learned

counsel appearing for the petitioner submits that this case may also be disposed off in the same terms and conditions.

4. Shri Salim Kazi, learned counsel for the State, in the light of the order of the SAT as aforestated, submits that after verifying the facts of the case, petitioner's case shall be considered.

5. In view of the foregoing and categorical statement made by the learned counsel appearing for the State, this petition is allowed in the same terms i.e. if the Committee finds the petitioner suitable for the post in all respect, he shall be regularized on the post held by him and shall also pay him salary on regular scale. He shall be entitled to salary for the dates on break in service. His seniority shall be counted from the date of his initial appointment.

6. No order as to costs.

SD/- (P. Sam Koshy) Judge Priyanka