1 (WPS No. 8705 of 2019) CGHC010343882019 2026:CGHC:37075 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8705 of 2019 1 - Rajendra Prasad Garg S/o Late Shri D.P. Garg Aged About 50 Years R/o. Village And Post- Ajad Ward No. 1 Khuntapara Near Akhanad Tahsil Dongargarh, District-Rajnandgaon Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through-The Secretary, Department Of Forest, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh 2 - Principal Chief Conservator Of Forest Head Quarter, Jail Road Raipur, District Raipur Chhattisgarh 3 - Chief Conservator Of Forest Durg Durg Circle, Near 5 Building District-Durg Chhattisgarh 4 - Divisional Forest Officer Forest Division- Rajnandgaon, In Front Of Pts, G.E. Road, Rajnandgaon District- Rajnandgaon Chhattisgarh --- Respondent(s) (Cause-title taken from the Case Information System) For Petitioner :- Mr. Aditya Srivastav, Advocate on behalf of Mr. B.P. Singh, Advocate For State :- Mr. H.A.P.S. Bhatia, Panel Lawyer ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2026.08.20 18:23:34 +0530 2 (WPS No. 8705 of 2019) SB - Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 19.08.2026 1. In this writ petition, the petitioner is challenging order dated 22.09.2018 (Annexure P/1), passed by the Chief Conservator of Forest, Durg, whereby the petitioner’s application for grant of regularization has been rejected on the ground that he could not establish that he was working regularly during the period from 01.01.1989 to 31.12.1997. 2. Learned counsel for the petitioner submits that the finding recorded in the impugned order that the petitioner has not worked regularly during the period from 01.01.1989 to 31.12.1997 is contrary to award dated 09.07.2013 (Annexure P/2) passed by the Labour Court, Rajnandgaon and therefore, the impugned order is liable to be set aside and the matter be remitted to the Divisional Forest Officer, Rajnandgaon to consider the case of the petitioner afresh. 3. On the other hand, learned State counsel would support the impugned order. 4. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone 3 (WPS No. 8705 of 2019) through the materials available on record with utmost circumspection. 5. Admittedly, the petitioner had made a reference before the Labour Court, Rajnandgaon against the order of removal passed by the Divisional Forest Officer, Rajnandgaon and the learned Labour Court, Rajnandgaon in its award dated 09.07.2013 (Annexure P/2) has clearly recorded a finding that the petitioner has worked regularly during the period from April,1988 to 2003. However, the Divisional Forest Officer, Rajnandgaon while rejecting the petitioner’s representation for regularization has wrongly recorded a finding that he could not produce documents to establish that he was working regularly from 01.01.1989 to 31.12.1997, which is contrary to the award passed by the learned Labour Court, Rajnandgaon. Moreover, in award dated 09.07.2013 (Annexure P/2), the Divisional Forest Officer, Rajnandgaon was a party and therefore, the award and its findings were binding on the Divisional Forest Officer, Rajnandgaon. Accordingly, impugned order dated 22.09.2018 (Annexure P/1) is hereby set aside and the matter is remitted to the Divisional Forest Officer, Rajnandgaon to consider the petitioner's case for regularization afresh in light of award dated 09.07.2013 4 (WPS No. 8705 of 2019) passed by the Labour Court, Rajnandgaon in accordance with law within 30 days from the date of receipt of a copy of this order. 6. Accordingly, this writ petition is allowed to the extent indicated herein-above. No cost(s). Sd/- (Sanjay K. Agrawal) Judge @d!t!