1 2025:CGHC:41150 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4489 of 2022  Yogesh Choure S/o Dulichand Choure Aged About 46 Years Working As Care Taker, Pwd Sub Division, Dongargarh, R/o, Gurudev Residency, Ward No. 1, Tehsil - Dongargarh, District : Rajnandgaon, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary Public Works Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2. Engineer In Chief Public Works Department, North Block, Sector-19, Nirman Bhawan, Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh 3. Chief Engineer Public Works Department, Zone- Durg, District : Durg, Chhattisgarh ... Respondent(s) For Petitioner : Mr. H.S. Ahluwalia, Advocate For State : Mr. Raj Kumar Gupta, Addl. Advocate General Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 14. 08.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 The Hon'ble Court may kindly be pleased to call for the entire records, relating to the case of the petitioner. 10.2 That this Hon'ble Court may kindly be pleased to quash the impugned orders dated 19/8/2021 & 26/12/2020 (Annexure P/1), in the interest of justice. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.08.19 10:17:27 +0530 2 10.3 That this Hon'ble Court may kindly be pleased to direct the respondent authorities to pass appropriate order of absorption/transfer of the petitioner in regular establishment on any Class-IV post of, in the interest of justice. 10.4 Any other relief, which may be suitable in the facts and circumstances of the case. This petition, may be allowed. with cost.” 2. Learned counsel for the petitioner would submit that the petitioner was appointed to the post of Care Taker under the work charged contingency establishment vide order dated 20.02.1992. He would further submit that after completion of three years of services, he acquired the status of a temporary employee and was granted a regular pay scale. He would also submit that the petitioner moved a representation for the absorption of his services. He would contend that the services of similarly situated employees have already been absorbed with the department, but the claim of the petitioner has been rejected by the Engineer-in-Chief, Public Works Department, vide order dated 26.12.2020 and 19.08.2021, on the ground that there is no sanctioned post of Care Taker in the establishment. He would pray to quash the orders Annexure P/1 dated 26.12.2020 and 19.08.2021. 3. On the other hand, Mr. Raj Kumar Gupta, Addl. Advocate General appearing for the State would oppose. He would submit that the co- employee was posted against the sanctioned post of Chowkidar and therefore, his services were absorbed against the sanctioned post of Chowkidar. He would further submit that the petitioner was appointed on the post of care taker and there is no such sanctioned post; therefore, his claim has not been considered. 4. I have heard learned counsel for the parties and perused the documents placed on the record. 3 5. Considering the fact that the petitioner is working under the department since 20.02.1992 against the post of Care Taker, but in the absence of a sanctioned and vacant post of Care Taker, the services of the petitioner have not been absorbed; whereas the co-employee, who was appointed on the post of Chowkidar, has been absorbed thus the treatment given by respondent authorities to its employees is arbitrary and discriminatory, therefore, the orders Annexure P/1 dated 19.08.2021 and 26.12.2020 are hereby quashed. The respondent authorities are directed to consider the claim of the petitioner for absorption of the services of the petitioner against any other sanctioned and vacant Class IV post, if otherwise the petitioner is eligible and suitable. 6. The decision shall be taken by the competent authority within a period of 150 days from the date of receipt of a copy of this order. 7. With the aforesaid observation(s) and direction(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge $iddhant