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2025 DAILYLAW 39925 (CHH)

GARIB SINGH DHURWAY v. STATE OF CHHATTISGARH

WPS/8924/2019 · 2025-09-24

Shri Deepak Kumar Tiwari

body2025

Judgment text

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1 2025:CGHC:49280 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8924 of 2019 Garib Singh Dhurway S/o Late Shri Bisan Singh, Aged About 56 Years Village - Saraipatera, Post And Thana - Rengakhar Tahsil Bodla, District Kabirdham Chhattisgarh. ... Petitioner. Versus 1. State Of Chhattisgarh Through Secretary, Department Of Forest, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh. 2. Principle Chief Conservator Of Forest Head Quarter Jail Road Raipur Chhattisgarh. 3. Conservator Of Forest Durg, Circle Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh 4. Divisional Forest Officer Kawardha (Kabirdham) District Kabirdham Chhattisgarh. 5. Sub Divisional Forest Officer Sahaspur Lohara / Secretary Scrutiny Committee, Sub Forest Division Shaspur, Lohara District Kawardha Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ... Respondents. For Petitioner : Mr. F. S. Khare, Advocate. For Respondents/State : Mr. Ritesh Giri, Panel Lawyer. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2025.09.25 17:05:11 +0530 2 25.09.2025 1. The petitioner has filed this writ petition for the following reliefs:- "10.1 That, this Hon'ble Court may kindly be pleased to allow the writ petition and be pleased to quash the impugned order dated 25.08.2018 (P/1) and further be pleased to direct the respondents to regularize the services of the petitioner from 2013 and grant the pay scale and all service benefits as directed by the learned Labour Court in the award dated 28.02.2013. 10.2 This Hon'ble Court may kindly be call for the record for its kind perusal which relates to petitioner's matter. 10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner." 2. At the outset, learned counsel for the petitioner submits that learned Labour Court, Rajnandgaon in Case No.105/ID Act/Reference/2008 vide order dated 28.02.2013 allowed the case of the petitioner and directed to regularize the services of workman Garib Singh on the post of Chowkidar with all consequential benefits. He also submits that the said order was assailed by the State of Chhattisgarh before this Court in WPL No.94/20141, however, same has been dismissed by the Co-ordinate Bench of this Court vide order dated 08.09.2025 and thereby award of the Labour Court remained intact. Learned counsel submits that since the issue involved has already been adjudicated, therefore, at this juncture this petition may be disposed of. However, he is seeking liberty to take appropriate course of action before the competent Authority. 1 State of CG through Divisional Forest Officer Vs. President, Rashtriya Works Majdoor Sangh 3 3. Learned counsel for the respondent/State would not oppose the aforesaid submission. 4. Having regard to the submission of learned counsel for the parties and considering that grievance of the petitioner has already been adjudicated by the Labour Court by the order dated 28.02.2013 and same has also been affirmed in WPL No.94/2014 by rejecting the petition of State of Chhattisgarh, as stated above, this Court is of the view that nothing survives for adjudication in this writ petition. 5. Accordingly, the writ petition stands disposed of. 6. However, the petitioner is at liberty to take further course of action in view of the order passed in WPL No.94/2014 before the competent Authority, in accordance with law. Sd/- (Deepak Kumar Tiwari) Judge Ajay