Allowed

R.K. Rathore v. State of Chhattisgarh

Chhattisgarh HC16 Jan 2019WPS/252/2019

Case brief

AI extract

What is this about?

The High Court allowed the writ petition regarding the regularization of a Sub-Engineer. The court directed regularization if the committee finds him suitable and allows salary from his initial appointment date with back pay for service breaks.

What did the court decide?

Petitioner to be regularized on the post held if found suitable by the Committee; entitled to regular scale salary and back salary for service breaks; seniority counted from initial appointment.

R.K. Rathore Vs State of Chhattisgarh — 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. 252 of 2019

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R.K. Rathore, S/o Late Shri Ramdhan Rathore, Aged About 55 Years, Presently Working As Sub Engineer, in The Office Of Sub Division Bhatapara, Division Baloda Bazar, R/o G-1, P.W.D. Colony, Bhatapara, District Baloda Bazar Bhatapara 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, Naya 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, Raipur, District Raipur Chhattisgarh.

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Executive Engineer P.W.D. Baloda Bazar Division, District Baloda Bazar Bhatapara Chhattisgarh.

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Sub Divisional Officer P.W.D. Bhatapara, District Baloda Bazar Bhatapara 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 25.10.1988 against the vacant post. The services of the petitioner were continued with artificial break of two or three days in 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/-

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(P. Sam Koshy) Judge

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Vivek

R.K. Rathore v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

R.K. Rathore v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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