Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:5977
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 904 of 2025 • Kishore Kumar Sahu S/o Abhay Ram Sahu Aged About 40 Years R/o Main Road, Tulsipur, Ward No. 16, Rajnandgaon, District Rajnandgaon (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Forest, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur, District Raipur
(C.G.). 2 - Chief Conservator Of Forest Durg, Circle Durg, District Durg (C.G.). 3 - District Forest Officer Rajnandgaon, District Rajnandgaon (C.G.). 4 - Forest Range Officer (General) Range Baghnadi, District Rajnandgaon (C.G.).
... Respondent(s) For Petitioner(s) : Mr. Ashok Patil, Advocate. For Respondent(s)/State : Mr. Kanwaljeet Singh Saini, Panel Lawyer. Digitally signed by RAGHVENDRA JAT
2 Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 03/02/2025
1. By way of this petition, the petitioner has prayed for following reliefs:-
“10.1 That, the Hon'ble Court may kindly be allowed the writ petition and be pleased to direct the concern respondent authority/Res. No.3 to regularize the service of the petitioner with immediate effect. 10.2 That, the Hon'ble Court may kindly be directed to the respondents authority to consider the case of the petitioner as per the direction dt. 25-10-2024 issued by the Secretary, Forest and climate change department of Chhattisgarh govt. filed as Annexure P/1. 10.3 Any other relief, which this Hon'ble Court may deem fit and proper according to the facts and circumstances of the case alongwith the cost of the petitioner.”
2. Brief facts of the case, is that, the office of the respondent No. 2 issued a direction to the concern officer for submitting the list of the daily wages employees who are eligible for the regularities in service in view of the order of the State Government issued by the forest and climate change department on 25-10-2024. The
3 petitioner is working under the daily wages and contingency employee since 2010, and the name of the petitioner was recommended for regularization of the service in the department. In this regard respondent No. 3 has submitted information to the respondent No. 2 after submitting the list of the employees working under daily wages. The petitioner was removed from service by the order dated 07.07.2019 as per the order passed by respondent No. 4 and same was challenged before the Hon'ble High Court in WPS No. 4653/2019 by the order dated 27.06.2019 this Hon'ble Court pleased to pass on order with a direction to approach before the labor Court against the order of removal from service. The petitioner approached before the learned labour Court after considering the facts of the matter and relevant documents made by the respondent authorities found that the removal from service is illegal hence allowed the case of the petitioner with a direction to the respondents to reinstate the petitioner in previous post within two months. the petitioner is posted at Baghnadi Range, Distt Rajnandgaon after passing the
order by the labor Court, in this regards respondent No. 4 issued a memo to the Range officer Baghnadi on 24.11.2022.
3. Learned counsel for the petitioner submits that the petitioner is working since last more than 10 years, however, he has not been regularized, the State Government has passed a memo dated
4 25.10.2024 according to which the concerned department are
directed to create post in order to regularization similarly situated person as such he is seeking a direction may be issued to the State Government to consider the same within some stipulated period.
4. On the other hand, learned counsel for the respondents/ State they have already initiated the said proceedings and the orders have to be passed after considering each and every aspect after due verification, the petitioner has come to the rush to the Court before finalizing the same and as such the petition itself is premature.
5. I have heard learned counsel for the parties and perused the material available on record.
6. Considering the aforesaid aspect of the matter, further considering the fact that the department has already initiated the proceedings as per memo dated 25.10.2024, the respondent No. 3 is directed to consider the case of the petitioner in light of memo dated 25.10.2024 within some stipulated time, preferably within a period of four months.
7. With this observation and direction, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat