V-. c? IN THE HIGH COURT OF1UDICATURE AT BILASPUR (CG) W.P. M(f3^^ /2005 ^ PFTtTIONER ///. ^.VA>// p>,y/ ^•w / ^<^/" 7"<y ./^y ,^^y ^r^" <cv a" ^ ~ <r? ^»* ~-.y ^ / Girish Chandra Shrivastava, 42, S/o. Late Shri C. P. Shrivastava, Occupation: Service, Presently working as Investigator, Chhattisgarh Rajya Krishi Vipnan (Mandi) Board, Raipur, District Raipur, Chhattisgarh, R/o. A-18, Ravi Nagar, Raipur, District Raipur, Chhattisgarh Vakil Singh aged about 37 years, S/o. Shri Kalpnath Singh, Occupation: Service, Presently working as Investigator, Chhattisgarh Rajya Krishi Vipnan (Mandi) Board, Bilaspur, District Bilaspur, Chhattisgarh, R/o. In front of Ankit Vidya Mandir, Jabdapara, Bilaspur, District Bilaspur, Chhattisgarh VERSUS RESPONDENTS y /^ State of Chhattisgarh, Through: The Secretary, Government of Chhattisgarh Department of Agriculture, D.K.S. Bhawan, Mantralaya, Raipur, Chhattisgarh Chhattisgarh Rajya Krishi Vipnan (Mandi) Board, Raipur, Through: Its Managing Director, Chhattisgarh Rajya Krishi Vipnan (Mandi) Board, Purani Ganj Mandi Parisar, Raipur, Chhattisgarh -^- © /• 4. •I Madhya Pradesh Rajya Krishi Vipnan (Mandi) Board, Bhopal, Through: Its Managing Director, Madhya Pradesh Rajya Krishi Vipnan (Mandi) Board, Bhopal 26, Arera Hiiis, Kisan Bhawan, Jail Road, Bhopal (MP) The Deputy Director, Chhattisgarh Rajya Krishi Vipnan (Mandi) Board, Raipur, District Raipur, Chhattisgarh The Deputy Director, Chhattisgarh Rajya Krishi Vipnan (Mandi) Board, Bilaspur, District Bilaspur, Chhattisgarh WRJT PETITION UNDER ARTICLE 226/227 OF THE CONSTiTUTiON OF INDJA 5. XI-HC-78 TFRCT^TT^ \dX«|<-4||4||0<.l, tPT^W|<?, Rrtl^^ <^.P.MA. 3s-9^fos" 3n^?T<FTRif<r» ^?T3TT^$Tdi^i<b k.;.i € 3TT^9TVRSV (4c|Ij<s|<g{) ^200 S^TTW^Tf^T 3IT^^T 12.9.2005 Petitioners by Advocate wifh Miss Respondente by aad Additional Advocate Paael lawyer. Heard. Leanied counsel fdr Shj|i Maniadra Shrivastava/ Senior Shani4ila Smghai, Advocate. Shiji Prashaat Mishra, Senior Advocate tGeneral wifh Shri Vivek Sharana, appojfcated petitioner No.l was aad fhe petitioner No,2 7.12.1991 on daUy wages.) in the year 1993. Thereaf|c service as Investigators Investigator was aboUshep. were mierged at fhe post 4 of Respondent/ Board. By order dated 29. ^ Chhattisgarh Rajya Krisl^i Investigator aad Junior <^i<<f<o<i11ri ^i^coV^fe^ <Ri^)^ ^3rf^RT3n^$T the petitioner subiiiits that fhe as Investigator on 29.8.1989 |was appoiated as Investigator on [The petitioner No.2 was rcgularized er the petitioners were contiaued in tiU 18.8.1998 when the post of aad fhe sen^ice of the petitioners >f Assistant Grade-III ia fhe serurices 2.2001 the then Managmg Director, i Vipdan Board revived the post of itatistical Assistant at fhe pay scale M XI-HC-78 ^Fccr <-qiqiwq, iyTTl^-l<|<?, RlrtlXI^ ^.f. Ss-9^|o5" • Hi*irti ^m^ 3n^^T<prRTii<i> WHan^sTap'ira? 3TI^9T q^q? (^ij<s|<E{) Wl200 i^TWr^rf|?f3n^$T — -2,- of Rs. 4000-6000. As a rejsult fhe petitioners were absorbed as Assistaiit Grade-III w contmued to work tiU fhc fhe post ofAssistaat Gra< (Aiuiexure P/1) passed b^ The petitioners sul 25^ July, 2005 and 27th P/3) have been passed natural justice as such fh Shn Prashaxit Mis subimts that admitted] petitioners but fhere is several ofher persons wh< (epl<(Ic>><in-r1 <1I*1C5T^'K5^£1^^-Cl^ ^arf^ra^sT le.f. 13.7.1998. The petitioners petitioners were again. sent back to ^e-III by oider dated 25th July, 2005 fhe Respondeut No.2, ^piit fhat fhe impugued order dated July, 2005 (Annexures P/l, P/2 and without foUowiag fhe principles of e same deserves to be quashed. ihra, leamed Senior Advocate and Additional Advocate Gen|eral appearing for fhe respondents y, no notice was given to fhe no iafirmily in fhe orders because [ 5 were working as Investigators have been rcverted aad poste^ as Assistant Grade-III w.e.f. July, 1998. However, leamed ^ submits ihat fhe petiti<| ?ounsel for the respondents further iners will be given opportunity of XI-HC-78 ^wT ^W}<!W, tPtTl<l<(<?, R|rti^3'< ^.P.^^3, 3^9^/0^ ^PRCT^^rt^ •••••••"••"""•"""""""""W1200 3ff^?T tT3R»(lytt<3<si<s) 3^) 3TI^^TOTRV1 ^Tr^^Tmwp ^\ ^ ^ / ^ hearing aad fheir cases cause notice to theia aad wjiU Admittedly, fhe petif firom December, 2001 till acqnired legal r^hts as s^ or taken away ia fair play hearmg. be considered after issue ofshow ^fter filing of rcply by fheia. ioners have worked as Investigators Jufy, 2005. The petitioners have ich ffaeir rights cannot be iafriaged (wifhout affording aa opportunily of In view offhe forcgcfmg, impugned orders dated 2i P/l, P/2 and P/3) are Uberty to take appropriate to fhe petitioners reply/representation to be no order as to costs. Certified copy, as pe cbl^fci41r< ^IHc6T^'fe^i ^(vft^ix !p3ri^ran^?T fhe petition is allowed aad fhe |th and 27^ Jufy, 2005 (Annexures l^uashed. The respondents are at jsteps by issuing show cause notice |and after considering their p^ss appropriate oiders. There shall Rules, Sd/- SatishK.Agnihotri Judge