A daily-wage forest worker sought regularization under the 2008 circular and quashing of a 2010 report. The court held his segmented service, irregular appointment without due selection process, and three-year delay in filing disentitled him to relief, and dismissed the petition on delay and merits, parties to bear own costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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2024:CGHC:41404
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 5749 of 2016
1 - Dilip Sethiya S/o Shri Dasrathi Sethiya, Aged About 39 Years R/o Naka Para, Post And Village Tongpal Distirct Sukma Chhattisgarh
... Petitioner
versus
1 - State Of Chhattisgarh Through The Secretary, Forest Department, Mantralaya, Naya Raipur, Civil And Revenue Distirct Raipur Chhattisgarh
2 - The Principal Chief Conservator Of Forest, Aranya Bhawan Medical College, Road, Raipur, Chhattisgarh
3 - The Conservator Of Forest, Jagdalpur, Circle Jagdalpur, District Bastar Chhattisgarh
... Respondents
(Cause-title taken from the Case Information System)
For Petitioner :- Mr. Harshal Chouhan, Advocate For State :- Mr. Rahul Tamaskar, Govt. Advocate
SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board
21.10.2024
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 (Anenxure 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 1992 to 2000 and from 2010 to 2013. Therefore, the petitioner is entitled for regularization and the respondent authorities be directed to regularize the services of the petitioner.
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, 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 1992 to 2000 and from 2010 to 2013 and thereafter, he has ceased to work on the aforesaid post. Furthermore, the petitioner was working on daily wages and his appointment was not in accordance with rules and, thus, he cannot claim regularization. Moreover, since the petitioner has ceased to work on the said post after the year 2013, but he has filed this writ petition after passing of three years i.e. in the year 2016, thus, the instant petition suffers from delay and latches and, therefore, the same is liable to be dismissed in limine .
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.
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 1992 to 2000 and from 2010 to 2013 and for the last three years from the date of filing of this writ petition, he was not working on the said post. Moreover, the petitioner’s appointment on the said post was not in accordance with rules as due selection process was not followed, therefore, the petitioner is not entitled to be regularized in accordance with circular dated 05.03.2008. Furthermore, the petitioner ceased to work on the aforesaid post after the year 2013 and at present not working at all, however, he filed this writ petition on 19.09.2016 i.e. after a delay of three years. As such, this writ petition suffers from delay and latches.
6. In view of the above, the instant writ petition deserves to be and is accordingly, dismissed, on the grounds of delay and merits as well, leaving the parties to bear their own cost(s).
Sd/- (Sanjay K. Agrawal) Judge
@d!t!
2 issues framed by the court
Whether a daily wager with segmented service (1992-2000, 2010-2013) is entitled to regularization under the circular dated 05.03.2008.
Whether the writ petition filed three years after cessation of work is barred by delay and laches.
Dilip Sethiya
State of Chhattisgarh through the Secretary, Forest Department
The Principal Chief Conservator of Forest
The Conservator of Forest, Jagdalpur
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
