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2025 DAILYLAW 59336 (CHH)

SANJAY KUMAR BHAGAT v. STATE OF CHHATTISGARH

WPS/2310/2019 · 2025-11-23

Shri Deepak Kumar Tiwari

body2025

Judgment text

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1 2025:CGHC:56971 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2310 of 2019 Sanjay Kumar Bhagat S/o Late Shri Ram Gopal Aged About 41 Years R/o 6/29, Anaaj Line, Supela Market, Supela, Bhilai, District- Durg, Chhattisgarh. --- Petitioner. Versus 1 - State Of Chhattisgarh Through Principal Secretary, Department Of Skill And Development Technical Education And Employment Secretariat, Mahanadi Bhawan, Police Station And Post- Rakhi, Atal Nagar- Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Commissioner Through Directorate Of Employment And Training, Indrawati Bhawan, Block No.-04, First Floor, Police Station And Post- Rakhi, Atal Nagar, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Joint Director Through Office Of The Directorate, Saddu, By The Side Of Govt. Iti, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 4 - Principal Through Govt. Industrial Training Institute, Dondi Lohara, District- Balod, Chhattisgarh., District : Balod, Chhattisgarh --- Respondent(s) With Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2025.11.25 10:47:52 +0530 2 WPS No. 2405 of 2019 Jyoti Prasad Macherla S/o Shri M. Bhaskar Rao Aged About 41 Years R/o Ward No. 21, Samta Colony, Bmy Charoda, District Durg Chhattisgarh., District : Durg, Chhattisgarh ---Petitioner. Versus 1 - State Of Chhattisgarh Through The Principal Secretary, Department Of Skill Development Technical Education And Employment, Secretariat, Mahanadi Bhawan, Police Station And Post Rakhi, Atal Nagar Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Commissioner Directorate Of Employment And Training Indrawati Bhawan, Block No. 04, First Floor, Police Station And Post Rakhi, Atal Nagar, Raipur District Raipur., District : Raipur, Chhattisgarh 3 - Joint Director Office Of The Directorate, Saddu, By The Side Of Govt. Iti, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Principal Govt. Industrial Training Institute Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh --- Respondents. With WPS No. 2895 of 2019 1 - Smt. Rita Puri W/o Shri Arvind Puri Aged About 38 Years R/o Housing Board Kohka, Bhilai District Durg Chhattisgarh., District : Durg, Chhattisgarh 2 - Bhupendra Singh S/o Jadunath Aged About 41 Years R/o Village And Post Surding, District Durg Chhattisgarh., District : Durg, Chhattisgarh 3 - Chhannu Lal Piyush S/o Late Shankar Lal Piyush Aged About 47 Years R/o Iti Colony Power House Bhilai, District Durg Chhattisgarh., District : Durg, Chhattisgarh 3 4 - Murtaza Daudi S/o Shri Hamid Ali Daudi Aged About 39 Years R/o Ews 226, C.G. Housing Board Kohka, Bhilai, District Durg Chhattisgarh., District : Durg, Chhattisgarh ---Petitioners. Versus 1 - State Of Chhattisgarh Through The Secertary, Skill Development, Technical Education And Employment, Department Mantralaya, Mahanandi Bhawan Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Commissioner Director Of Employment And Traning, Indravati Bhawan, Block No. 04, First Floor, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Joint Director Office Of Directorat Saddu, By The Side Of Govt. Iti Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Principal Goverment Industrial Training Institute, Durg District Durg Chhattisgarh., District : Durg, Chhattisgarh --- Respondents. (Cause title downloaded from CIS Periphery) For Petitioners in WPS No.2310/2019 & WPS No.2405/2019 : Dr. Veena Nair, Advocate. For Petitioners in WPS No.2895/2019 : Mr. Uttam Pandey, Advocate. For Respondents/State : Mr. Rajeev Bharat, Govt. Advocate. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 24.11.2025 1. At the outset, learned counsel for the petitioners submits that similar batch of writ petitions have been allowed by the Co- ordinate Bench of this Court on 18.03.2025 in WPS No.3218/2016 1 (Din Dayal Sihashre and Ors Vs. State of CG and 1 2025:CGHC:12801 4 Ors) and other connected matters and referred to Para 22 to 25 which is reproduced hereunder for ready reference:- "22. In the light of the above judgments and also considering the fact that the posts are lying vacant, the petitioners have already worked for more than 15-17 years and all of them must have been over aged, appointed through following selection process which is not dehors the Constitutional scheme, and the petitioners possess the qualification for appointment on the regular post, I am of the view that a writ of mandamus can be issued to the State for considering the case of the petitioners for regularization taking into consideration the report of the Committee and other relevant materials as discussed above. 23. Accordingly, it is directed that the Secretary, Skill Development Technical and Employment Department will sent a proposal to the General Administration Department alongwith the entire material, reports, vacancy positions, etc. within 3 months from the date of receipt of copy of the order and obtained approval from the General Administration Department for considering the case of the petitioners for regularization. It is also directed that before sending the records to the Secretary, General Administration Department, they will examine the individual records and their qualification for granting approval for regularization. The Secretary, General Administration Department will grant necessary approval within further 2 months from the date of receipt of proposal by the respondent No. 1. 5 24. It is made clear that while considering the case of the petitioners for regularization, the ongoing selection process initiated in pursuance of the advertisement dated 13.05.2023 will not be adversely affected. This exercise be carried out within stipulated time period given by this Court. 25. With the aforesaid observation and direction as indicated above, writ petitions are allowed." 2. Learned counsel for the petitioners submit that since the present petitions involve similar grievances as raised in the aforesaid writ petitions, they may also be disposed of in terms of the order dated 18.03.2025. 3. On the other hand, learned State counsel submits that since the petitioners have been appointed only as a contractual employee, therefore, they cannot claim regularization as a matter of right. 4. Having considered the submission of learned counsel for the parties, particularly considering that similar batch writ petitions have been allowed by the Co-ordinate Bench in WPS No.3218/2016 and other connected matters, further considering that present petitioners have served for substantial period as a ITI (Instructor)/Training Officer (ITI) and as per instruction submission of the petitioners they were recruited and selected through regular advertisement, this Court deems it appropriate to dispose of these writ petitions in terms of order dated 18.03.2025 passed in WPS No.3218/2016 and other connected matters. 6 5. The State Authorities are also directed to examine case of petitioners, individually, as to whether they fulfill requisite criteria for regularization/selection for the concerned posts and thereafter the Authorities shall comply the directions given by the Co- ordinate Bench in order dated 18.03.2025. 6. With the aforesaid direction, these petitions are disposed of in terms of order dated 18.03.2025 passed in WPS No.3218/2016. 7. A copy of aforesaid order dated 18.03.2025 be place on record of the present petitions. Sd/- (Deepak Kumar Tiwari) Judge Ajay