Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:1729
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 166 of 2025 1 - Samaru Lal Chauhan S/o Cheduram, Aged About 47 Years, R/o Village Karnaud, Block Karnaud, District Janjgir Champa (C.G.)
... Petitioner versus 1 - State of Chhattisgarh through the Secretary, Department of General Administration, Mantralaya, Mahanadi Bhawan, Naya Raipur, Tahsil and District
Raipur,
Chhattisgarh 2 - The Secretary, Agriculture Development, Farmers Welfare and Bio- Technology Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Tahsil
and
District
Raipur,
Chhattisgarh
3 - The Director, Directorate of Horticulture, Indrawati Bhawan, 2nd Division, 4th Floor, Atal Nagar, Tahsil and District, Raipur, Chhattisgarh 4 - The Assistant Director, Horticulture, Janjgir, District Janjgir Champa, Chhattisgarh
... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri N.K. Malviya, Advocate For Respondents : Shri Suyashdhar Badgaiya, Dy. Govt. Advocate Hon’ble Shri Justice Amitendra Kishore Prasad
Order on Board 10/01/2025
1. Learned counsel appearing for the Petitioner submits that the claim of the Petitioner for regularisation of his services has not Digitally signed by GOPAL SINGH Date: 2025.01.21 13:46:17 +0530
2 been decided though the Petitioner had moved a petition before this Court, being WPS No.3955 of 2019 in which a specific order had been passed on 17.5.2019, which reads as under:
“4. Accordingly, the writ petition stands
disposed off with a direction that petitioner shall make a detailed representation supported with all relevant records, circulars and notifications of the State Government within a period of three weeks from today and respondent No. 2 & 3 in turn may decided the representation of the petitioner within a further period of four months from the date of receipt of copy of representations which shall be filed by the petitioner.
5. The writ petition stands accordingly
disposed off.”
2. When the aforesaid order was shown to Learned Counsel appearing for the Respondents/State, he fairly submitted subject to verification that no fresh order has been passed.
3. Since the Petitioner is running from pillar to post since the year 2008 when the State Government has issued a notification dated 5.3.2008 by which it has been specifically mentioned that in light of judgment passed in the matter of Secretary, State of Karnataka v. Umadevi, (2006) 4 SCC 1, as one time settlement the persons who were in service for more than 10 years may be considered, but, till date, they have not been considered. Further, in light of Umadevi case (supra) the State of Chhattisgarh has also issued a circular dated 5.3.2008, according to which the employees who have completed 10 years of service were directed
3 to be considered for regularisation. Hence, necessary orders may be passed. Learned Counsel for the State submitted that they will consider and pass appropriate orders.
4. The Respondents are directed to consider the case of the Petitioner and pass appropriate orders taking note of the aforesaid
judgment in Umadevi case (supra) and further considering the circular of the State Government dated 5.3.2008 strictly in accordance with law as also considering the order dated 17.5.2019 passed in WPS No.3955 of 2019 to this effect and appropriate orders may be passed within a period of four weeks from the date of receipt of this order. It is made clear that if the orders are not passed within the stipulated period, appropriate action will be taken against the concerned authorities in respect of the order dated 17.5.2019 passed by this Court in WPS No.3955 of 2019, as the Respondents authorities have sat upon the order and till date they have not passed appropriate orders.
5. With the aforesaid directions, the instant writ petition is disposed of. Sd/- d/- (Amitendra Kishore Prasad) Judge Gopal Singh