1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2059 of 2021 1 - Sodi Sona S/o Sodi Hunga, Aged About 28 Years Posted As Assistant Grade- Iii, At Janpad Panchayat Konta, R/o Village Kankarlan, Post Polampalli, Tahsil Konta, District Sukma (Chhattisgarh), District : Sukuma, Chhattisgarh 2 - Soyam Mutta S/o Soyam Malla, Aged About 28 Years Posted As Assistant Grade- Iii, At District Panchayat Sukma, R/o Village Darbhaguda, Post Erraborr, District Sukma (Chhattisgarh), District : Sukuma, Chhattisgarh 3 - Soyam Ramesh S/o Soyam Tammaiyya, Aged About 32 Years Posted As Assistant Grade-Iii, At Janpad Panchayat Konta, R/o Village Mulakisoli, Mulakisoli, Post Errborr, Tahsil Konta, District Sukma (Chhattisgarh), District : Sukuma, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Collector, Sukma, District Sukma Chhattisgarh, District : Sukuma, Chhattisgarh 4 - Chief Executive Officer, District Panchayat Sukma, District Sukma Chhattisgarh, District : Sukuma, Chhattisgarh 5 - Chief Executive Officer, Janpad Panchayat Konta, District Sukma Chhattisgarh, District : Sukuma, Chhattisgarh ---- Respondents For Petitioner : Mr. Praveen Dhurandhar, Advocate For respective : Mr.Pramod Shrivastava, Dy.G.A. respondents Mr. Devendra Pratap Singh, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey REKHA SINGH -2- Order on Board 23.07.2025 1. The petitioners have filed this petition seeking the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to regularize the service of petitioners, who has been appointed under Clause 14 & 21 of the rehabilitation scheme dated 20-10-2004. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent No. 3 & 4 to take decision over the claim of petitioners, which is pending before them in a form of representation dated 05-10-2020 & 21-10-2020 (Annexure P-4). 10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deem-fit and appropriate.” 2. Mr. Dhurandhar, the learned counsel appearing for the petitioners would submit that the petitioners were appointed on 26.05.2015 under the Special Scheme of the State Government dated 20.10.2004 on the post of Assistant Grade-III on the Collector rate in the Panchayat Department. He would further submit that the petitioners made representations before the respondents authorities claiming therein regularization but their representations have not been considered yet. He would contend that the respondents, in their return, have stated that in absence of vacancy on the post of Assistant Grade-III, claims of the petitioners have not been considered for regularization. He would further contend that a direction may be issued to the respondents authorities to consider the representations of the petitioners or claims of the petitioners when vacancy arises. 3. On the other hand, learned counsels appearing for the respondents would oppose the submissions made by Mr. Dhurandhar. 3 4. I have heard learned counsel appearing for the parties and perused the documents placed on the record. 5. Respondents No.1 to 3 in para 5 of the return have stated as under : “5. That, so far as the claim of the petitioners regarding regularization of their service is concerned, it is respectfully submitted that, there is no vacant post of Assistant Grade III is available in the office of the Chief Executive Officer, Zila Panchayat, Sukma, District Sukma (CG), therefore, on the representation of the petitioners no decision could have been taken by the respondent No. 4. So far as the contention of the petitioners that the service of similarly situated persons have been regularized, is concerned, it is respectfully submitted that, the service of none of the daily wages employee working with the respondent No. 4 has been regularized. The order dated 02.08.2019 (Annexure P/3) on the basis of which, the petitioners have claimed for regularization, has been issued by the Assistant Commissioner, Tribal Welfare, Sukma, District Sukma (CG), whereby, the services of certain employees have been regularized under Work Charged & Contingency Fund establishment, so the petitioners cannot claim for parity with the employee of other department. The answering respondents have not committed any arbitrariness & discrimination with the petitioners as alleged in the petition. 6. Taking into consideration the submissions made by Mr. Dhurandhar and para 5 of the return referred herein-above, this petition, at this juncture, is disposed of with a direction to the respondents authorities to consider the claims of the petitioners for regularization when they have vacancy. 7. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha