Abdul Naim Khan Vs State Of Chhattisgarh

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(WPS No. 6001 of 2016)

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Digitally signed by ADITI ADITI DIWAN DIWAN KAIWART KAIWART Date: 2025.06.12 17:13:30 +0530

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2025:CGHC:23165

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6001 of 2016

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1 - Abdul Naim Khan S/o Late Shri Abdul Hafiz Khan, Aged About 45 Years Teacher Chhattisgarh Enviornmet Conservation Board, Bhilai, District Durg Chhattisgarh

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--- Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The Secretary, Paryawaran Department Ministry Mahanadi Bhavan, P.S. Rakhi, Naya Raipur Chhattisgarh

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2 - Sadasya Sachiv Chhattisgarh Paryawaran Sanrakchhan Mandal, Paryawas Bhawan, North Block Sector, 19, Naya Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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3 - Chhetriya Adhikari, Chhetriya Karyalya Chhattisgarh Paryavaran Sanrakchhan Mandal, Bhilai, Chhattisgarh P.S. Bhilai, District : Durg, Chhattisgarh

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--- Respondent(s)

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(Cause-title taken from the Case Information System)

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For Petitioner :- Mr. Vinod Kumar Sharma, Advocate For State/Respondent No.1:- Mr. Ashutosh Shukla, Panel Lawyer For Respondent Nos.2 & 3 :- Mr. Sudhir Kumar Bajpai, Advocate

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

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11.06.2025

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1. In this writ petition, the petitioner is challenging order

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dated 27.06.2016 (Annexure P/1) passed by respondent

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2

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(WPS No. 6001 of 2016)

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No.2, whereby the petitioner’s application for regularization on the post of Tracer has been rejected.

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2. Learned counsel for the petitioner submits that the petitioner has been working as Tracer on daily wages under the respondent authority since the year 1995 and respondent Nos.2 & 3 are absolutely unjustified for not regularizing the services of the petitioner on the said post and, therefore, the impugned order deserves to be set aside.

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3. On the other hand, learned Counsel appearing for respondent Nos.2 & 3 would submit that the petitioner was appointed to the post of Tracer on daily wages for a specified period and not through proper recruitment process. Furthermore, neither there is any sanctioned post of Tracer in the office set up of Chhattisgarh Environment Conservation Board, Bhilai nor the petitioner possesses the essential qualification required for the post of Tracer as he is not having a drawing certificate from any recognized institution. As such, the impugned order is strictly in accordance with law and, therefore, this writ petition is liable to be dismissed in limine .

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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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3

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(WPS No. 6001 of 2016)

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through the materials available on the record with utmost circumspection.

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5. In the case at hand, admittedly, the petitioner was appointed to the post of Tracer as a daily wager vide order dated 19.04.1995 (Annexure P/10) and his application for regularization on the said post has been rejected by the respondent authority vide the impugned order dated 27.06.2016 (Annexure P/1). As per return filed on behalf of respondent Nos.2 & 3, there is no sanctioned post of Tracer in the office set up of Chhattisgarh Environment Conservation Board, Bhilai and also, the petitioner does not possess the requisite qualification for the post of Tracer as he is not having a drawing certificate from any recognized institution and, therefore, his case for regularization has rightly been rejected vide the impugned order.

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6. As such, I do not find any merit in this writ petition. It deserves to be and is accordingly, dismissed. No cost(s).

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Sd/- (Sanjay K. Agrawal) Judge

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@d!t!

Abdul Naim Khan v. State Of Chhattisgarh

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Abdul Naim Khan v. State Of Chhattisgarh

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