Rajkumar Sidar vs State Of Chhattisgarh
2022 Latest Caselaw 3418 Chatt

                                  1

                                                                  NAFR


        HIGH COURT OF CHHATTISGARH, BILASPUR
                    WPS No. 3346 of 2022
  1. Rajkumar Sidar S/o Shri Badal Sai Aged About 42 Years
     Working As Post of Peon (Pump Operator) At Municipal
     Council Pathalgaon, Tahsil- Pathalgaon, District- Jashpur
     (C.G.).
  2. Vijay Kumar Dahariya S/o Shri Punit Ram Dahariya Aged
     About 44 Years Working As Post of Peon (Pump Operator) At
     Municipal Council Pathalgaon, Tahsil- Pathalgaon, District-
     Jashpur (C.G.).
                                                      ---- Petitioners
                                Versus
  1. State of Chhattisgarh Through- The Secretary, Urban
     Administration And Development Department, Mantralaya
     Mahanadi Bhawan, New Raipur (C.G.).
  2. Chief Municipal Officer Municipal Council Pathalgaon District-
     Jashpur (C.G.).
                                                    ---- Respondents

For Petitioners : Mr. Somkant Verma, Adv. For Respondents/State : Mr. R.M. Solapurkar, G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 10/05/2022

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) Judge

H.L. Sahu