Allowed

Suresh Kumar Mishra v. State of Chhattisgarh

Chhattisgarh HC16 Jan 2019WPS/244/2019

Case brief

AI extract

What is this about?

The petitioner, a Sub Engineer appointed on daily wages later continued with minor service breaks, sought regularization and seniority credits. The Court allowed the petition based on the State's undertaking to consider the case consistent with a similar SAT order.

What did the court decide?

Regularization on the post held if Committee finds petitioner suitable; salary on regular scale including dates of service breaks; seniority counted from initial appointment.

Suresh Kumar Mishra Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2019)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 244 of 2019

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Suresh Kumar Mishra, S/o Shri Ramadhar Mishra, Aged About 53 Years, Working As Sub Engineer In The Office Of Executive Engineer Division Ramanujganuj, District Balrampur Ramanujganj, Chhattisgarh, R/o Janpad Para, Pratappur Road, Ambikapur, District Surguja, Chhattisgarh.

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---- Petitioner

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Versus

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State Of Chhattisgarh, Through The Secretary, Public Works Department Mantralaya, Atal Nagar, Raipur, District Raipur, Chhattisgarh.

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Engineer In Chief, Public Works Department, Nirman Bhawan, Raipur, District Raipur, Chhattisgarh.

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Chief Engineer, Public Works Department, Ambikapur, District Surguja, Chhattisgarh.

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Executive Engineer, P. W. D., Division Ramanujganj, District Balrampur- Ramanujganj, Chhattisgarh.

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---- Respondents

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For Petitioner : Mr. Kishore Narayan, Advocate For State : Mr. Jitendra Pali, Dy. A.G.

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Hon'ble Shri Justice P. Sam Koshy Order on Board

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16/01/2019

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With the consent of the parties, the matter is taken up for hearing finally.

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Learned counsel appearing for the petitioner submits that the petitioner was initially appointed as Sub-Engineer on daily wage basis on 17.11.1986 against the vacant post. The services of the petitioner were continued with artificial break of two or three days in

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service and worked continuously till the date of his regularization. The petitioner was given the benefits of annual increments.

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The similarly situated employees have approached the State Administrative Tribunal (for short (“SAT”) in Original Application No. 1979/91 (Satish Kumar Mandloi Vs. State of M.P. And another) praying for similar relief as sought for in this petition. Learned counsel appearing for the petitioner submits that this case may also be disposed off in the same terms and conditions.

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Learned counsel for the State in the light of the order of the SAT as aforestated, submits that after verifying the facts of the case, petitioner's case shall be considered.

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In view of the foregoing and categorical statement made by the learned counsel appearing for the State, this petition is allowed in the same terms i.e. if the Committee finds the petitioner suitable for the post in all respect, he shall be regularized on the post held by him and shall also pay him salary on regular scale. He shall be entitled to salary for the dates on break in service. His seniority shall be counted from the date of his initial appointment.

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No costs.

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Sd/- (P. Sam Koshy) Judge

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Vivek

Suresh Kumar Mishra v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Suresh Kumar Mishra v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

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