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2025 DAILYLAW 35320 (CHH)

YOGENDRA PATEL v. STATE OF CHHATTISGARH

WPS/6256/2018 · 2025-07-16

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:33690 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6256 of 2018 * - Yogendra Patel S/o Late Shri Kaliram Patel Aged About 26 Years Occupation-Service Posted As Peon At Pre Metric Boys Hostel Chhotedongar (Collector Rate), R/o Village- (Madmanar) Mahimagawadi, P.S.- Jhara, District- Narayanpur, Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Tribal Department, Mahanadi Bhawan, Capital Complex, Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh 2 - Commissioner Schedule Caste And Schedule Tribe Welfare Department Raipur, District- Raipur, Chhattisgarh 3 - Collector Narayanpur, District- Narayanpur, Chhattisgarh 4 - Assistant Commissioner Tribal Welfare Department Narayanpur, District : Narayanpur, Chhattisgarh ... Respondents For Petitioner : Mr. Sunil Sahu, Advocate For Respondents/State : Mr. Lav Sharma, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 17/07/2025 1. The petitioner has filed this petition seeking the following relief(s):- 10.1 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ by quashing the impugned order dated 10.08.2018 (Annexure P-1) passed by the respondent No. 4. 10.2 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ commanding and directing the respondent- authorities to regularize the services of the petitioner from the date in which similar situated persons were considered and also pay the arrears of the pay for said period. Digitally signed by RAMESH KUMAR VATTI Date: 2025.07.21 17:31:38 +0530 2 10.3 Any other relief as this Hon’ble Court may deems fit looking to the facts and circumstances of the case may also be awarded. 2. Mr. Sunil Sahu, learned counsel for the petitioner would submit that the petitioner was appointed according to the policy decision taken by the State as the father of the petitioner died in naxal activities. He would contend that the petitioner was appointed to the post of Peon pursuant to order dated 04.06.2013 issued by the Collector and District Magistrate, Narayanpur. He would contend that an application was moved for regularisation of the services which was rejected by the Assistant Commissioner, Tribal Welfare Department, Narayanpur on the ground that at that time, the petitioner had not completed 10 years of service. Mr. Sunil Sahu would submit that at present the petitioner has already completed 10 years of service, therefore, a direction may be issued to consider the claim of the petitioner. 3. On the other hand, Mr. Lav Sharma, learned Panel Lawyer appearing for the State/respondents would oppose. 4. I have heard learned counsel for the parties and perused the documents. 5. The petitioner was appointed pursuant to a policy decision taken by the State to the post of Peon and his claim with regard to regularisation was rejected vide order dated 10.08.2018 on the ground that at that point of time, the petitioner had not completed 10 years of services. 6. As the petitioner was appointed in the year 2013 and he completed 10 years of service in the year 2023, therefore, the respondent authorities are directed to consider the claim of the petitioner for regularisation 3 strictly in accordance with law. The entire exercise shall be completed by the competent authority within a period of 120 days. 7. With the aforesaid direction(s), the petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti