Dismissed

Jagpal Singh Thakur v. State Of Chhattisgarh

Chhattisgarh HC20 Oct 2024WPS/5414/2016

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh dismissed a writ petition seeking regularization of the petitioner's services under a 2008 circular. The court held that the petitioner was not entitled to regularization as his appointment did not follow the required selection process and did not meet the continuous service criteria.

What did the court decide?

The writ petition was dismissed on merits; parties to bear their own costs.

Jagpal Singh Thakur Vs State Of Chhattisgarh — Service and Employment | Chhattisgarh HC (2024)

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2024:CGHC:41407

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5414 of 2016

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1 - Jagpal Singh Thakur S/o Shri Mohan Singh Thakur, Aged About 47 Years R/o Near Employment Exchange, Rajendra Nagar Ward, Jagdalpur, Distt.Bastar, Chhattisgarh

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... Petitioners

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versus

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1 - State Of Chhattisgarh Through The Secretary, Forest Department, Mantralaya, Naya Raipur, Civil And Revenue Distt. Raipur, Chhattisgarh

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2 - The Principle Chief Conservator Of Forest, Aranya Bhawan, Medical College Road, Raipur, Chhattisgarh

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3 - The Conservator Of Forest, Jagdalpur, Circle- Jagdalpur, Distt. Bastar, Chhattisgarh

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... Respondents

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(Cause-title taken from the Case Information System)

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For Petitioner :- Mr. Harshal Chouhan, Advocate For State :- Mr. Rahul Tamaskar, Govt. Advocate

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SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board

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21.10.2024

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1. This writ petition has been filed by the petitioner seeking regularization in terms of circular dated 05.03.2008 (Annexure P/3) and also to quash report dated 28.07.2010 (Annexure P/9).

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2. Learned counsel for the petitioner submits that the petitioner was working on daily wages in the Forest Division, Jagdalpur, District – Bastar, from the year 1989 to 2000 and from 2010 to January, 2015. Therefore, the petitioner is entitled for regularization and the respondent authorities be directed to regularize the services of the petitioner.

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3. Learned Counsel for the State would submit that as per circular dated 05.03.2008 (Annexure P/3), the employees who were in continuous service for ten years or more were to be considered for regularization. However, in the present case, the petitioner was not engaged in continuous service till the year 2008. It is apparent from the statement at para 8.2 of this petition that the petitioner worked for segmented period i.e. from the year 1989 to 2000 and from 2010 to January, 2015 and thereafter, he has ceased to work on the said post. Furthermore, the petitioner was working on daily wages and he has failed to demonstrate that he was appointed after going through a selection process, thus, his appointment was not in accordance with rules and, therefore, he cannot claim regularization. As such, the instant writ petition deserves to be dismissed.

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4. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone

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through the materials available on record with utmost circumspection.

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5. In the case at hand, admittedly, as per para 8.2 of this petition, the petitioner was working as daily wager in the Forest Division, Jagdalpur, District – Bastar, from the year 1989 to 2000 and from 2010 to January, 2015 and thereafter, he has ceased to work on the aforesaid post and at present, not working at all. Moreover, the petitioner’s appointment on the said post was not in accordance with rules as due selection process was not followed and, therefore, the petitioner is not entitled to be regularized in accordance with circular dated 05.03.2008.

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6. In view of the above, the instant writ petition deserves to be and is accordingly, dismissed on merits, leaving the parties to bear their own cost(s).

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Sd/- (Sanjay K. Agrawal) Judge

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@d!t!

Jagpal Singh Thakur v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Jagpal Singh Thakur v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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