Satish Kumar Gujrati vs State Of Chhattisgarh 50 Mac/1904/2018 ... on 5 December, 2018

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Chattisgarh High Court

Satish Kumar Gujrati vs State Of Chhattisgarh 50 Mac/1904/2018 ... on 5 December, 2018

Bench: P. Sam Koshy

                                               1

                                                                                   NAFR
                 HIGH COURT OF CHHATTISGARH AT BILASPUR

                                  WPS No. 7984 of 2018

             Satish Kumar Gujrati S/o Late Shri Kumbhan Das Gujrati, Aged About
             54 Years, Presently Working As Sub Engineer, Construction Sub
             Division No. 1, P.W.D., Division No. 3, Sirpur Bhawan, Raipur, R/o-
             House No. R-3, Sales Tax Colony, Khamardih, Raipur, District- Raipur,
             Chhattisgarh.
                                                                          ---Petitioner
                                              Versus
       1. State Of Chhattisgarh, Through The Secretary, Public Works
          Department, Mantralaya, Naya Raipur, District - Raipur Chhattisgarh.
       2. Engineer In Chief, Public Works Department, Sirpur Bhawan, Raipur,
          District - Raipur Chhattisgarh.
       3. Chief Engineer, Public Works Department, Raipur, District - Raipur,
          Chhattisgarh.
       4. Executive Engineer, Public Works Department, Raipur, Division No.3,
          District - Raipur, Chhattisgarh.
       5. Sub Divisional Officer (P.W.D.), Construction Sub Division No.1, Raipur
          Division No.3, District Raipur (C.G.).
                                                                      ---Respondents

For petitioner : Kishore Narayan, Advocate.

For State : Shri Chandresh Shrivastava, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 05/12/2018

1. Heard.

2. With the consent of the parties, the matter is taken up for hearing finally.

3. Learned counsel appearing for the petitioner submits that the petitioner was initially appointed as Sub Engineer on ad hoc basis on 05.09.1987 against a clear vacant post. The services of the petitioner were continued with artificial break of two or three days in service and worked continuously 2 till the date of his regularization. The petitioner was given the benefits of annual increments.

4. A similarly situated employees approached the State Administrative Tribunal (for short "SAT") in Original Application No. 1979 of 1991 (Satish Kumar Mandloi Vs State of M.P. and another) praying for similar relief as sought for in this petition. Learned counsel appearing for the petitioner submits that this case may also be disposed off in the same terms and conditions.

5. Learned counsel for the State in the light of the order of the SAT as aforestated, submits that after verifying the facts of the case, petitioner's case shall be considered.

6. In view of the foregoing and categorical statement made by the learned counsel appearing for the State, this petition is allowed in the same terms i.e. if the Committee finds the petitioner suitable for the post in all respect, he shall be regularized on the post held by him and shall also pay him salary on regular scale. He shall be entitled to salary for the dates on break in service. His seniority shall be counted from the date of his initial appointment.

7. No costs.

Sd/-


                                                             (P. Sam Koshy)
Sumit                                                            JUDGE

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