Yashwant Kuamr Diwakar vs State Of Chhattisgarh

Amitendra Kishore Prasad, J

The Petitioners are challenging the order dated 20.2.2024 as well as the order dated 16.7.2024 (Annexure P1) both issued by Respondent No. 4 Assistant Commissioner, whereby the Petitioners, who were engaged in hostels of District Janjgir-Champa against the setup in the list of 55 daily wages employees, have been terminated and their salary has been stopped without issuing any show cause notice as well as without affording any opportunity of hearing. Hence this petition.

By this petition, the petitioners seek the following reliefs:

“10.1 That, this Hon'ble Court may kindly be pleased to call for entire records pertaining to the case of petitioner.

10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to quash the Order dated 20.02.2024 as well as 16.07.2024 issued by the Respondent No. 4 Assistant Commissioner Tribal Development District - Janjgir-Champa (CG).

10.3 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to extend the services of the Petitioners as Daily Wages Employee till joining of regular employee in place of the daily wages posts because the petitioners were engaged against the vacant posts under the Respondent No. 4 in different places.

10.4 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to direct to the Respondent No. 4 Assistant Commissioner Tribal Development Janjgir-Champa District Janjgir Champa to release the outstanding salary to the petitioners till 23.01.2025.

10.5 That, any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.”

Learned counsel appearing for the petitioners submits that the petitioners were appointed as daily wages employees under Respondent No.4 and they are continuously working from the date of their respective initial appointments and there is no compliant against them in respect of discharge of their official duty, however, vide impugned orders dated 20.2.2024 as well as 16.7.2024 Respondent No. 4 has discontinued the services of petitioners including others who were engaged in hostels of District Janjgir-Champa against the setup in the list of 55 daily wages employees and their salary has been stopped without issuing any show cause notice as well as without affording any opportunity of hearing. The petitioners were working continuously till 23.01.2025 when at the oral instruction of Respondent No. 4 their attendance is not being taken in the register. Till date, the respondents have not made regular appointments on the posts of the petitioners.

Learned counsel appearing for the State/respondents submits that the petitioners can make a representation before the respondents authorities for redressal of their grievance.

I have heard the arguments raised on behalf of the parties and perused the material available.

The petitioners are directed to make a representation along with a copy of this petition and its annexures/relevant documents before the concerned respondent/competent authority for redressal of their grievance within 10 days from the date of receipt of a copy of this order and in turn the concerned respondent/competent authority is directed to decide the representation of the petitioners in accordance with law within 45 days from the date of receipt of the representation.

With the aforesaid observations and directions, the writ petition is disposed of.