TN THE HIGH COURT OF JUDICATURE CHHATTISGARH AT BILASPUR WJ'.NO. ^£>(, I Petitioner \Q^ ^v-^.^ 7/-yy: y ,.•* ..-• ^ -.-^ ^y ^^- (^' Motilal Patel, S/o Dibushwar Kaushik, Aped about 37 vears, working as Mate, Municipal Council Kondaeaon, Dist: Bastar-(C.G.) Versus Respondents State of Chhattisgarh Throu.eh The Secretary Departraent of Urban Administration & Developraent, Mantralaya, Raipur-(C.G.) The Dy.Director Urban Administration and Develooment, Raipur, Dist : Raipur-(C.G.) The Municipal Council Kondasoan Through Chief Municipal Officer, Kondagaon, Dist : Bastar-fC.G.i 4. The President Municipal Council, Kondagaon, Dist : Bastar-(C.G.) WRIT PETITION U/A 226 / 227 OF THE CONSTITUTION OF INDIA 1. Particulars of the Petitioner. As per cause title. 2. Particulars of the Respondents. As per cause title. W HIGH COURT OF CHHATTISGARH AT BILASPUR SINGLE BENCH i HON’BLE SHRI SAHSH K. AGNIHGTM J. Petitioner F5etitioner ‘ Petitioner Resgondents WRIT PETiTlON NO. 4082 OF 20% Sha£§esh Bhatt VerSUS mate of QGA and others Rewomients WRH' PETWION N0. 408$ OF 2004 Piyush $aha VerSHS State of C.G. and others Resgondents WRIT PETITIDN NO. 469$ OF 20M Motiial Patei VefSUS Staie o‘r‘ {3.6. and others Present ' Mr. Praful! Bharat, counsei for the petitiohersv Mr. Arvind Dubey, learned Pane! Lawyer for fhe State ORAL ORDER (Passed on 31 SE of Jury, 2005) The present writ petiticns, being Writ Petitione No.4082l2004, 4083/2004 and 4096/2004 involve common question of iaw as “co reguiarisation cf the serviceS of the petiticners. Thus, these petitiorw are being disposed 0f by this common order. The petitioners are daily wagers appointed on 14.12.1993, 20.03.1985 and 11.01.19g9 on various posts by Munipipai Council, Kondagaon. petitioners in aii the petitions seek reguiarization of their services and further attemativety grant of regular pay-scale. The Hon‘bie Supreme Court in the matter of Secretary, State of arnataka and others Vs. Umadevi (3) and othere reported in {2006) 4 SCC 1 has clearly held that absorption, regularization, or permanent continuance of employees The contractuat, temporary, casual, daily-wage or ad hoe appointedi’recruited and continued for long in public empioyment dehors the constitutional scheme of public employment create another mode of public empioyment which is not permissible. ln the present caee the petitioners are daily wagers and are not appointed in accordance with law and as per the constitutional scheme of the public employment, Thus they do not acquire any right for regularization or for grant of regular pay-scate. Further the Hon’ble Supreme Court in the matter of Secretary, State of Karnataka Vs. Umadevi and others (supra) in paragraph-53 directed as under:- Para 53. “The question of regularisation of the services of such employees may have to be Considered on merits in the light of the principles settled by this Court in the cases abovereferred to and in the light of this judgment. ln that context, the Union of lndia, therState Governments and their instrumentalities should take steps to regularise as a one-time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of the courts or of tribunals and should further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be filled up, in cases where temporary employees or daily wagers are being now employed. The process must be set in motion within K six months from this date‘ We aisu clarify that reguiarisation, if any already made, bu? not'sub judice, need not be {eopened based on thi$ judgment, but there shculd be no further bypaseing of the constitutiona! requirement and regularising or making permanent, those not duty appointed as per the oohetitutionat scheme.“ In View of the above stated directions of the Hon’bie Supreme Court, the respondents are directed to comply with the order of the Supreme Qourt e5 one- time measure in the cases of the petitioners. ’Aii these petitions are accordingly disposed of. No order as to costs. A copy of this order be placed in the record of the two connected writ etitions. p