Petitioner challenged respondents' inaction regarding his regularization claim as a daily wage Water Pump Attendant. Court directed Respondent no.3 to decide eligibility and vacancy within 4 months.
Direction to Respondent no.3 to consider petitioner's regularization claim within 4 months verifying eligibility and vacancy.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (S) No. 911 of 2021
Vibhuraj Singh Kshtri S/o Shri Kamlesh Kumar Singh Kshtri, Aged About 44 Years, R/o H. No. 28 (02), Gopiya Para, Akaltara, Ward No. 17, P.S. Akaltara, District- Janjgir-Champa, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi, Mantralaya, Naya Raipur, Post Office And Police Station- Rakhi, District- Raipur, Chhattisgarh
2. Collector, Janjgir-Champa, District- Janjgir-Champa, Chhattisgarh
3. Municipal Council Akaltara Through Its Chief Municipal Officer (CMO), Municipal Council Akaltara, District- Janjgir-Champa, Chhattisgarh
---- Respondents
| For Petitioner | : Mr. Vivek Kumar Agrawal, Advocate |
|---|---|
| For State | : Ms. Akanksha Jain, Dy. Govt. Advocate |
| For Respondent no.3 | : Mr. Sudeep Agrawal, Advocate |
Hon'ble Shri Justice P. Sam Koshy Order On Board
15.03.2021
1. The grievance of the petitioner in the present writ petition is the inaction on the part of the respondents in not considering the case of the petitioner for regularization in terms of the circular of the State Govt dated 05.03.2008.
2. According to the counsel for the petitioner, the respondents had engaged the petitioner as a daily wage employee way back in the year 1995 and since then the petitioner has been discharging the duties of
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Water Pump Attendant. He submits that the petitioner has all the required eligibility criteria for being regularized as a Water Pump Attendant as he fulfills all the eligibility criteria for the said post.
3. Given the aforesaid facts and circumstances of the case, subject to verification of facts, the writ petition at this juncture can be disposed of with a direction to the respondent no.3 to take a decision on the claim of the petitioner so far as the regularization in service is concerned. The case of the petitioner needs to be considered in accordance with the rules and regulations governing the field particularly so far as the availability of vacancy and also verifying whether the petitioner fulfills the minimum eligibility criteria required for the said post. Let a decision be taken at the earliest preferably within a period of 4 months from the date of receipt of copy of this order.
4. The writ petition accordingly stands disposed of.
Sd/P. Sam Koshy Judge
Khatai
1 issue framed by the court
Whether the petitioner is eligible for regularization as a Water Pump Attendant under the State Government circular dated 05.03.2008.
1 provisions across 1 enactments
Vibhuraj Singh Kshtri
State Of Chhattisgarh
Collector, Janjgir-Champa
Municipal Council Akaltara
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
