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Dileep Kumar Chandrakar vs State Of Chhattisgarh And Ors

Chhattisgarh High Court · Decided on 15 February 2019 · Citation: (2019) 02 CHH CK 0245

HON’BLE JUDGES
P. Sam Koshy, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (S) No. 1022 Of 2019
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Judgment

18 paragraphs · 361 words

P. Sam Koshy, J

1.

The present writ petition has been filed seeking for a direction to the respondents to consider the claim of the petitioner for regularization.

2.

The facts of the case is that the petitioner was engaged as a daily wage employee by the respondents on 02.04.2007. He continued to work till

30.11.2010, when she was discontinued from service.

3.

The discontinuance of service was immediately challenged before the Labour Court vide case No. 109/IDA//2013 (Reference). The Labour Court

passed an order in favour of the petitioner on 11.07.2013 ordering reinstatement without back wages.

4.

Pursuant to the order of the Labour Court, the petitioner has also been reinstated in service on 07.07.2014 and since then he is continuously

working. The order of the Labour Court dated 11.07.2013 was not challenged by the respondents before the High Court and the order of the Labour

Court thus stands affirmed and the petitioner shall be deemed to be in service from 2007 onwards.

5.

Given the said facts, let the petitioner in the light of the judgment of the Division Bench of this Court in the case of ""Tukaram Vs. State of

Chhattisgarh "" (WPS No. 1703/2015 ) and other analogous writ petitions decided on 16.05.2017 would be entitled for the benefits of continuity of

service from 2007 till date, keeping the intervening period i.e. the period of litigation also be period spent on duty.

6.

Given the said facts, the petitioner's case should be considered for regularization in accordance with the circulars governing the field i.e. the circular

dated 05.03.2008 and any circular subsequently passed in this regard by the State Government. While considering the case, the authorities would also

keep in view the judgment of the Division Bench of this Court in the case of ""Tukaram "" (supra) as also the judgment of the Hon'ble Supreme Court in

the case of "" Narendra Kumar Tiwari & Others v. State of Jharkhand "" 2018(8) SCC 238 . Let this exercise be completed within a period of 4 months

from the date of receipt of copy of this order.

7.

With the aforesaid observations, the writ petition stands disposed off.