High Court disposed of writ petition regarding regularization and consequential benefits by following a previous order dated 06.03.2023 in WPS No.2953/2010.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 3113 of 2015
---- Petitioner
Versus
---- Respondents
(Cause title taken from Court Information System)
For Petitioner : Mr. R.K. Kesharwani, Advocate For State/Res. 1 & 2 : Mr. Ashish Shrivastava, Sr. Advocate assisted by Mr. Aman Pandey, Advocate.
Hon'ble Smt Justice Rajani Dubey Order on Board
07/08/2023
“10.1 That this Hon’ble Court may kindly be
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pleased to call for the entire records pertaining to the case of petitioner.
10.2 That this Hon’ble Court may kindly be pleased to direct the respondent No.2 for quashing the impugned order, dt. 09.01.2013 Annexure – P/1.
10.3 That, the Hon’ble Court may kindly be pleased to issue a writ in the nature of mandamus or suitable direction to the respondent No.2 for grant of benefits of regularization to the petitioner from the date of order, dt. 26/08/2008 when the petitioner was regularized and further allowed all the consequential benefits of services etc.
10.4 That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may deem fit.”
3 . Learned counsel for the petitioner would submit that the issue involved in this petition has already been considered and decided by this Court vide order dated 06.03.2023 passed in WPS No.2953/2010 and other connected matters, therefore, the instant petition may also be disposed of in terms of order dated 06.03.2023.
4 . Learned counsel for respondent Nos. 1 & 2 has no objection to the proposition of learned counsel for the petitioner.
5 . This Court while deciding the case of the petitioners in WPS No. 2953/2010 and other connected matters, has observed in para 15 and 16, which reads thus :-
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“ 15. A bare reading of all the documents and material brought on record would show that the petitioners had been working for two decades and by virtue of letter dated 22.08.2008 of Additional Secretary, Directorate of Higher Education Department, Raipur (C.G.), the services of the petitioners were regularized vide order dated 26.08.2008 and in view of decision of co-ordinate Bench in the matter of Meenakshi (supra) and decision of High Court of Madhya Pradesh in the matter of Dr. Harisingh Gour (supra) & keeping in view Section 4 (d) and 27 of the Act, 2009, the service condition of the petitioners are protected and rights stands accrued in favour of the petitioners as regards their appointments and regularization having been done by the Guru Ghasidas University.
16. The impugned order is hit by provision of Article 14 of the Constitution of India and passing an administrative order having adverse effect on an accrued rights of the employee as contemplated in Rule 4 (d) of the Act, 2009, without giving them any opportunity of hearing, is not sustainable .”
6 . Accordingly, the instant writ petition is disposed of in terms of order dated 06.03.2023 passed in WPS No.2953/2010 and other connected matters.
Sd/- (Rajani Dubey) Judge
pkd
Satish Saraf
Guru Ghasidas Vishwavidyalay
The Registrar, Guru Ghasidas Vishwavidyalay
Shri Adarsh Singh
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
