Fulchand S/O Dashrath Misar v. The Divisional Manager, Forest Devpt. Corporation Ltd., Nagpur And ORS

2023:BHC-NAG:15415-DB 1 wp6690.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6690 OF 2023 Fulchand s/o Dashrath Misar .. Petitioner V/s.

The Divisional Manager, Forest Development Corporation Ltd., Nagpur and others.

.. Respondents ......

Ms. Payal Kaware, Counsel h/f. Mr. S.S. Dhengale, Counsel for the petitioner.

.....

CORAM : DEVENDRA KUMAR UPADHYAYA, CJ.

AND A.S. CHANDURKAR, J.

DATE : 19th OCTOBER, 2023.

P.C.

Heard Ms. Payal Kaware, learned Counsel for the petitioner.

2.

In view of the proposed order, requirement of issuing notice to the respondents is hereby dispensed with. 3.

Claim put forth by the petitioner, who is working as a Daily Wager in the Forest Development Corporation Limited at Gondia District is that as per the procedure contained in the Government Resolution dated 16-10-2012, his services are liable to be regularised. The submission further is that however, inspite of having a legal right of regularisation of his services in terms of the

2 wp6690.23 procedure contained in the Government Resolution dated 16-10-2012, the petitioner's claim for regularisation has not been considered as yet.

4.

In view of the aforesaid, we dispose of this writ petition with a liberty to the petitioner to make an application/representation to the Managing Director of the Forest Development Corporation Limited within a fortnight from today taking all the pleas which may be available to him for redressal of his grievance relating to regularisation of his services. In case, any such application/ representation is made, the Managing Director of the Forest Development Corporation Limited shall consider and decide the same strictly in accordance with law and the rules or the Government Resolution applicable thereto, as expeditiously as possible, say within a period of three months from the date of certified copy of this order is produced before him.

We further provide that while considering the claim of the petitioner, the Managing Director of the Forest Development Corporation Limited shall also consider the submission made on behalf of the petitioner that several Daily Wagers working in the Corporation have been regularised who are at par with the petitioner. However, we make it clear that we have not made any observation as to the merit of the claim of the petitioner.

(A.S. CHANDURKAR, J.) (CHIEF JUSTICE) adgokar