Chattisgarh High Court
C. K. Sahu (Chandra Kumar Sahu ) vs State Of Chhattisgarh 114 Wps/105/2019 ... on 9 January, 2019
Author: P. Sam Koshy
Bench: P. Sam Koshy
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 103 of 2019
C. K. Sahu (Chandra Kumar Sahu ) S/o Shri Lalit Kumar Sahu, Aged
About 57 Years, Presently Working As Sub Engineer, In The Office Of
Sub Divisional Officer, P. W. D. National Highway, Sub Division
Champa, Under Executive Engineer, P. W. D. National Highway
Division Bilaspur, R/o C/o Bhupatlal Dewangan, Maruti Vihar Colony,
Behind Lions School, Champa, District Janjgir Champa, Chhattisgarh.
---Petitioner
Versus
1. State Of Chhattisgarh, Through The Secretary, Public Works
Department, Mantralaya, Naya Raiupr, District Raipur, Chhattisgarh.
2. Engineer In Chief, Public Works Department, Sirpur Bhawan, Raipur
District Raipur, Chhattisgarh.
3. Chief Engineer, National Highways Zone, Public Works Department,
Raipur, District Raipur, Chhattisgarh.
4. Executive Engineer, National Highway Zone, Public Works Department,
Raipur, District Raipur, Chhattisgarh.
---Respondents
For petitioner : Shri Kishore Narayan, Advocate. For State : Shri Sameer Behar, Panel Lawyer.
Hon'ble Shri Justice P. Sam Koshy Order on Board 09/01/2019
1. With the consent of the parties, the matter is taken up for hearing finally.
2. Learned counsel appearing for the petitioner submits that the petitioner was initially appointed as Sub Engineer on daily wage basis on 09.03.1987 against the vacant post. The services of the petitioner were continued with artificial break of two or three days in service and worked continuously till the date of his regularization. The petitioner was given the benefits of annual increments.
3. The similarly situated employees have approached the State Administrative Tribunal (for short ("SAT") in Original Application No. 1979/91 (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.
4. 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.
5. 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.
6. No costs.
Sd/-
(P. Sam Koshy)
Sumit JUDGE