QF0000110339 :N THE Hi§H @GUET @F WYA EMBESHUAT JABALPUB Misc.Petion No {171/8 .. / 1994 o 1" ‘ Keshav Prasad Gupta,§on of Shri V_.P._Gupta,aged about 28 years,. working as 'Sub Engineér,Specia1 Development Authority,Koi~ba, Distt.Bilaspur,M.P. PETITIONEB .\~ \ Qgug A m$il1a1f§55§53p ONDENTS \ State of MgP’.‘ througfi Secretary, Housing and Environment,Vallabh " \Bhavan, Bhopal,M.P. f ) orba throughits Chief Executive } fficer,distt.Bilaspur,M,P. > ‘ / Chairman, Special Area Development, Korba,distt.Bilaspur,M.?. 5 1 ; Fpecial‘Area O Development Authérity N ‘¢ r‘ ‘ PETITio ‘ mma“ N E i ‘ meke N ae 226' 227' OF THE CONSTITUTxo OF INeIA it \ g ft J M :N Tt=i§ HmH Gaga? @F WHYA PmBsH AT JABALPUR M1sc.pet1tlon N079 /1994 PETITIONER Keshav Pra5ad Gupta son of 5hr). V.P Gupta aged about 28 years, working as Sub Englneer Spec1al Develapment Author1ty,Korba, Distt Bllaspur,M P. i Gk g3” g5( x.‘ ”>91 ‘ w 1 Maia" ' Jain? ‘ ccaiA m4 Rx D E \\\ State of M P through Secretary, "‘; Hous1ng and Env1ronment Vallabh 9 Bhavan,Bhopal M.P al Gomorat‘lon; Katha thraugh itrWomissioner. Distt v Katha (Man) mayor. Municipal camaration Korba 3. District .. Katha Wad P TITION UNDER Airnrn.._- ; OF INDIA 1(1 p @ HIGH COURT OF JUDICATURE AT BILASPUR (CHHATTISGARLI) Wri‘r Pefi‘fbn No. 914 cf 1994 Devendm Kumar Swamkar & “hers ‘ -Versus- Municipal Corpora‘tion & anofher 3 M‘if Pc‘l‘i'l‘ion No. 748 of 1994 Keshav Prasad Gup'ra -Versus- Sm‘te of M.P. d: oihers m mum No 101s of 1994 Ajay Bum a: anofher -Versus— Sm're of MP. & ofhers Single Bench Hon'blc Mr. Justice Wsh K. Agnihafri Present: Shri Jifendm Pali, caunsel for The petitioners. _ 5hri Sonjay K. Agmwal, counsel for 'the Municipal Corporation. Shri Sushi! Dubey, 6ovemmenf Advocaie for 1+Ie State. OR D E R (24* August 2005) 1. The presen'r Wri-f Petitions, being Writ Petitions No. 914/1994, 748/1994 aid 1078/1994 involve common questions of fact and law. Thus, these petitions are being disposed of by this common order. 2. Pennoner; in w.P. No. 914/1994 were appoimed on daily wages basis on various posts, as follows, Pe‘i'ifioner- in W.P. No. 748/1994 was appoin'red on 18.8.1992 (Annexure P/3) as Sub-Engineer (Civil) for 89 days on femporary basis and his appoin‘rmenf was confinued by various orders passed fime and again 'l'hereaffer. Pefii'ioners in W.P. No. 1078/1994 were appoin'l'ed as Sub- Engineers on femporary basis on 1.4.1991 and 15.7.1991 respecfively. . Ail 'Hne Pefifioners confirmed in employmenf fill 2.3.1994. Their services were discontinued on ‘rhe ground as no longer required. . 5hri Sanjay K. Agrawal, learned counsel appearing for ‘l'he authority/Corporation in all 1he peiifiong submi‘rs ihaf ihe pe'ri'rioner No. 1 in W.P. No. 1078/1994 has lef‘i fhe au'rhoriiy. Admifiedly, 1he pe'iifioners were appoin'red on daily wages hasis neifher in accordance wiih law nor in accordance with fhe consfi'ru'rional scheme. . The pefifioners have challenged 1he impugned iermina'i'ion orders by filing various wri-i pe'rifions, as sfai'ed above. 5r. No. Names of The Pefi‘rioners Pos? which appoin‘red DnTe of Joining 1. Devendra Kumcr- Swamkar Tracer 7.1.92 2. .o ' id; Anand Kumar DUbey L.D.C. 2.8.91 3. Arun KUmar Mishra L.D.C. 2.8.91 4. Govind Paliwal L.D.C. 7.1.92 5. Umm Kumur Vi§1was Typist 2.8.91 6. Pukhamj Singh Assistanf Auc‘h‘oy 3.8.91 7. Chain Singh‘ Yadav Moharir 3.8.91 8. Rarnpal Singh Moharir 3.8.91 9. Nagendm Kumar Tiwari Moharir 3.8.91 10. Kupil Kumar Shrivasfava L.D.C. 3.8.91 11. Akhilesh Kunmr Shukla Sub-Engineer 23.6.92 12. Shanfiial Soni Nakedar Dec.91 The High Cour't of Judicature a'r Jabalpur, while iswing notice, grunfed sfay of fhe operation of the impugned orders, on 7.4.1994 in WP. No. 914/1994, on 9.3.1994 in W.P. No. 748/1994 and on 13.4.1994 in W.P. No. 1078/1994. By virtue of the stay orders granted by the High Court of Judicature at Jabalpur, the petitioneré' are continuing in service as daily wagers. 7. On creation of new State of Chhattisgarh md the High Court of Chhattisgarh at Bilaspur, the writ petitions were transferred to this Court. Be that as it may, the petitioners cannot ciaim any right to continuation or regularization in view of the decision of a Constitutional Bench of Hon'ble the Supreme Court in the rnse of Secretary, State of Karmtaka and others Vs. Umadevi (3) and others‘. 9. Learned counsel appearing for the petitioners submits that the authority/Corporation has recommended/names of the some of the petitioners to the State Government for regularization by letter dated 28.5.2001 (Annexure A/Z) in W.P. No. 914/1994. 10.The Supreme Court in another decision passed in the case of Mineral Exploration corporation Employees' Union Vs. Mineral Exploration Corporation Limited & Anna relying on the decisionof the Constitution Bench in the case of Secretary, State of Karnataka and others Vs. Umadevi (3) and others (Supra) observed in para 17, as under :- “Para 17. It is seen from the above paragraph that this Court directed the Union of India, the State Governments and their instrumentalities to regularize as a one-time measure, the servirrs of such irregularly appointed workman, 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 undertaking to fill those vacant sanctioned posts that require to be filled up, in 1{(2006) 4 Supreme Court Cases 1} 2 {JT 2006 (7) sc 151} . . mQPs where 1'empomry empioyees or duily wagers are being now employed" ' 11. In View of The mandate of fhe Supreme Cour? in 1he above referred oases, “m au‘rhorify/Corporcnion is direc?ed To consider cases of fhe pefi-l’ioners in farms of ihe directions passed by The Supreme Court in fine above sfa'red casrs. 12.These pefi'rions are accordingiy disposed of with The aforesaid direcTion. No order as To cosTs. 13.A copy of' This order be placed in The record of The. Two connecTed wriT peTiTions.' Boblu