Citation : 2022 Latest Caselaw 1341 Chatt
Judgement Date : 15 March, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 1502 of 2022
1. Manoj Choube S/o Shri Awadh Ram Choube, Aged About 45 Years
Working As Peon At Nagar Panchayat, Deokar, District Bemetara
(Chhattisgarh), District : Bemetara, Chhattisgarh
2. Ajam Beg, S/o Late Rain Beg, Aged About 45 Years Working As Lineman
At Nagar Panchayat, Deokar, District Bemetara (Chhattisgarh), District :
Bemetara, Chhattisgarh
3. Arjun Kumar Gupta, S/o Late Sidhram Gupta, Aged About 45 Years
Working As Tap Driver At Nagar Panchayat, Deokar, District Bemetara
(Chhattisgarh), District : Bemetara, Chhattisgarh
4. Sajar Beg, S/o Late Ismail Beg, Aged About 45 Years Working As Tap
Driver At Nagar Panchayat, Deokar, District Bemetara (Chhattisgarh),
District : Bemetara, Chhattisgarh
5. Girdhari Sinha, S/o Shri Shivdayal Sinha, Aged About 50 Years Working As
Supervisor At Nagar Panchayat, Deokar, District Bemetara (Chhattisgarh),
District : Bemetara, Chhattisgarh
6. Toran Lal, S/o Shri Anjordas, Aged About 45 Years Working As Supervisor
At Nagar Panchayat, Deokar, District Bemetara (Chhattisgarh), District :
Bemetara, Chhattisgarh
---- Petitioners
Versus
1. State Of Chhattisgarh Through The Secretary, Urban Administration
Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur
(Chhattisgarh), District : Raipur, Chhattisgarh
2. Chief Municipal Officer, Nagar Panchayat, Deokar, District Bemetara,
District : Bemetara, Chhattisgarh
---- Respondents
For petitioners : Shri Manoj Chauhan, Advocate.
For State : Shri Suyash Dhar, PL
Hon'ble Shri Justice P. Sam Koshy
Order on Board
15/03/2022
1. 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 are serving under the respondents for
the last more than 21 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 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). Let the respondent No.2
take a decision on the claim of the petitioner for regularization within a period
of 4 months from the date of receipt of certified copy of this order.
4. With the aforesaid observations, the present writ petition stands
disposed off.
Sd/-
(P. Sam Koshy) Rohit JUDGE
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