-fr-fc 1"5»». S'-iy&'its ' ^J"^^^'.i C is^( vo I— IN THE fflGH COURT OF JUDICATURE AT BIIASPUR fC.G.) PETITIONER . ^^ <'Ay w -^ ^jlESPONDENTS W. P. fS) No.^^14- /2006 / Qnkar Pali S/o Shri Samaru Age about 50 years R/o Ashok Nagar Near, Electric Sub Station, Khamtrayee^ilaspur, Distnct-Bilaspur (C.G.) VERSUS . I. State of Chhattisgarh Througfa :- Secretary, Department of Pubkic Works, Dau Kalyaa Sin^i Bhawan, Raipur (C.G.) / 2. Engineer-m-Chief, Pubkic Works Department, Raipur (C.G.) /3. Superintending Engineer, Pubkic Works Department, Bilaspur Division, Distt. Bilaspur (C.G.) Executive Engineer, Pubkic Works Department, Division No.l Bilaspur, Distt. Bilaspur (C.G.) WRIT PETITION UNDER ARTICLES 226/227^QF THE CONSTITUTION OF INDIA .0°< ;<^.!,^ ^.€^' 1^/sKKR ^^ w^ K fa ^ FidSB hl >f2' Petitioner : Onkar PaJi Versus Respondents : State of Chhattisgarh & Others Shri Lay Sbanaa, counsel for the petitioiier. Shri Ajay Dwivedi, Panel Lawyer for the respondents. Leamed couasel for the petitioner subtnits that the petitioner was appointed on 5.2.1971 asd at pi^sent he is working as Labour (class-IV eniployeej in the respondent/d.epartinent. as claily wager. The petitioner has filed. this petition praying for a relie-f in tenns of the judgment aj-id oixler passed by the Supreme Court hl the case of of (Sthers Vs. Usaadevi p Others1 Mineral Bxploratioa C'orporation EmpSoyees' Uaioa v. Liinlted & Anr.2 The Supreme Coiut in. tlie case of Secvetazy, of (supi-a), in para 53 has held as under; "53. ...........The qtiestion of regularization of the services of such eBiployees Diay have to be cousidei^d oa merits in the light of the principles settled by tliis Court in tlie cases aboverefen^d to aad in tJie lighf of this jndgnieBt. In that context, the Union of India, the State Govei-sinients and their nistiTimentalities should teke steps to regulai-ize as a oiie- tim.e measure, tjie serviccs of such h-regularly appointed, who bave worked for ten years or uiore in duly sanctioned posts but not under cover of oriers of the courts or of tribi.inaJs aad shoiild further ensure that regylar r ^ 4. 5. 6. recruitinents are undertaken to fill fhose vacant sanctioned posts that l-equire to be fBled up, in cases where teinporary eniployees or daily wagers are being now einployed. The piocess inust be set in uiotion within six inonths froni this date. We also clarify that regularization, if any already naade, but not sub judice, need not be neopened based on this judginent, but fhere shoiild be no fiirfher bypassing of the constitutional requineinent and regularismg or vaakm^ >ennsanent, those not diily appointed as per fhe constitutional sclieine." The Supreine Coiirt in the case of Mineial Exploration Corpoiation Employees' Union (supra) in psra 17 has held as under :- 1.7. It is seen fromi flie above paragraph that this Court directed fiie Union of India, fbe State Govei-tuaents and their iiistruinentalities to regularize as a one-time ineasure, fhe services of sucb. irregularly appoiated -workiaan., vib.o liave worked for ten years or more in duly sanctioned posts but not under cover of ordeis of fhe courts or of tribunals aad shoidd further ensure tfaat regular rectTiitments are undertaking to fill those vacant sanctioned posts fhat n'quire to be filled up, iu cases where teniporary eiaployees or daily wagers are being now employcd." Havine regard to the facts aiid circninstauce of the case and in view of the dicta laid dowii by the Supreme Court ui tJie above stated cases, it is well established principle of law that the petitiouer being (lafly-wager was not appoint.ed in accoixlance with the constitiltiooal scb.eiae and as per the statiltory rules; as tbe appointment was not inade on the basis of the open coinpetitioD ofthe siniilariy situated caadidates. The petition is devoid ofany merit. and is accondingly disinissed. However, tiie petitioner is at libei-ty to inake a represeatation to the employer for appropria.tc relief, if so advised. No order as to coste- SdA Satish K. Agnihotri Judge {(2006) 4 SCC l}i, {JT 2006 (7) SC 151? Ttialan' r