:<?^<^o ...^•^w^" «^c' :s.^c2.~c< V ^^.^00' ^^'^^. ^[. 13 ^' c^ ^- s-7^^ ^^^-..5. ^T^-- IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION f S ) No. 6 ]} 2— Qf 2010 BETWEEN 1."^ Manish Mishra S/o Shri D. P. Mishra, aged about 40 years, occupation daily wages employee, Nagar Nigain, Korba, R/oKosabadi, Paudi Bahar, Ward No.21, Near MGOS Church, Korba, TahsU and District Korba (CG). ^. Vikas Shukla S/o Shri V. K. Shukla aged about 35 years, occupation daily wages einployee, Nagar Nigam, Korba, Tahsil and District Korba 3. ^ Uday Mandal S/o Shri N. G. Mandal aged about 32 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba 4. ' Manoj Shrivas S/o Shri Jawhar lal Shrivas aged about 35 years, occupation daily wages employee, ,^ Nagar Nigam, Korba, TahsU and District Korba Sonau Ram Yadav S/o Shri Dokru Rain Yadav aged about 30 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). Khikram S/o Shri Nandram, aged about 40 years, occupation daily wages enaployee, Nagar Nigam, Korba, TahsU and District Korba (CG). \^/ 6:r'" 7" Suklal Kewat S/o Shri Gambhir Kewat aged about 30 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). 8. f Sukhmandas S/o. Shri Jeewandas, aged about 40 years, occupation daily wages eniployee, Nagar Nigam, Korba, Tahsil and District Korba (CG). ^ 9. Ravi Sahu S/o Shri Ugrav Sahu aged about 35 years, occupation daily wages employee, Nagar Nigam, Korba, TahsU and District Korba (CG). (S) ^^ss^^^^:^^ 10. Ravi Rathore S/o Shri Jageshwar Rathore aged about 34 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). S.1. Rain Bahori Kewat S/o Shri Bacchu lal aged about 37 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). 12. Rajesh Kewat S/o Shri Rainbahori aged about 35 years, occupation daUy wages enaployee, Nagar Nigam, Korba, Tahsil and District Korba (CG). 13. Suresh Shrivas S/o Shri Baldau Shrivas, aged about 40 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). 14. Trilochan Rathore S/o Shri Chaitram aged about 36 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and Disfa-ict Korba 15. Kehmant Patel S/o ShriSonau aged about 38 years, occupation daily wages employee, Nagar Nifeam, Korba, TahsU and District Korba (CG). 16. Rslm Prasad S/o Shri Ramcharan, aged about 35 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). 17. Amrit Lal S/o Shri...Rupsingh aged about 40 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). 18. Sanjay Kumar Jha S/o Shri Jagdish Jha aged about 43 years, occupation daily wages enaployee, Nagar Nigam, Korba, Tahsil and District Korba 19. Rajkumar Sahu S/o ShriBharat Lal Sahu.., aged about 35 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba 'r(§) 20. Suresh S/o Shri Patere, aged about 37 years, occupation daily wages employee, Nagar Nigam, Korba, TahsU and District Korba (CG). 21." Pappu S/o Shri Patre Suryawanshi, aged about 40 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). ,<•"" 22/ Raja Rane S/o Shri Munnilal aged about 45 years, occupation daily wages employee, Nagar Nigam, Korba, TahsU and District Korba (CG). 23. Raj Kumar S/o Shri Babulal aged about 33 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). 24. Safar Ali S/o Shri Mahabub AUaged about 35 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). 25. Mohan Lal Dahariya S/o Shri Itwari Ram aged about 37 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). "^.. v l^l. 26. Dhaneshwar Rajwade S/o Shri Pasarath Rajwade aged about 40 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). 27f Raja Ram S/o Shri Lateh-am aged about 40 years, occupation daily wages einployee, Nagar Nigam, Korba, Tahsil and District Kprba (CG). 28! 29. 30: ^' 31. Panchram S/o Shri Jethurara, aged about 40 years, occupation daily wages einployee, Nagar Nigam, Korba, Tahsil and District Korba (CG). Phiruram S/o Shri Dukaluram aged about 37 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). Ramesh Sidar S/o Shri Shyamlal, aged about 37 years, occupation daily wages einployee, Nagar Nigam, Korba, Tahsil and Distorict Korba (CG). Tijram Dewangan S/o Shri Shyamlal Dewangan, aged about 39 years, occupation daily wages ^ j.I einployee, Nagar Nigam, Korba, District Korba (CG). Tahsil and 32. Daneshwar Vaishnav S/o Shri Kushwaha Das Vaishnav, aged about 40 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). 33. Shailendra Singh S/o Shri Yashwant Singh, aged about 33 years, occupation daily wages eniployee, Nagar Nigam, Korba, Tahsil and District Korba (CG). •<-'' 34. Gaurishanker Sahu S/o Shri N. P. Sahu, aged about 35 years,occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). g-""' 35. Lilainber S/o Shri Hajari Lal yadav, aged about 36 years, occupation daily wages employee, Nagar Nigain, Korba, Tahsil and District Korba (CG). 36" "^:^ Hem Lal Choubey S/o Shri Mangal Choudhary aged about 38 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). Shatrughan Tiwari S/o Shri Arun Kuinar Tiwari, aged about 41 years, occupation daily wages einployee, Nagar Nigam, Korba, Tahsil and District Korba (CG). ^\ 38. Reshain Lal S/o Shri Panchram, aged about 39 years, occupation daily wages einployee, Nagar Nigam, Korba, Tahsil and District Korba (CG). ^" 39. BriJ Lal S/o Shri Santosh, aged about 40 years, occupation daily wages employee, Nagar Nigam, FCorba, Tahsil and District Korba (CG). *r""' 40. Dileshwar S/o Shri Kanhaiya, aged about 41 years, occupation daily wages einployee, Nagar Nigam, Korba, Tahsil and District Korba (CG). t'"' 41. Radhe Yadav S/o Shri Vedram Yadav, aged a:bout 39 years, occupation daily wages eniployee, Nagar Nigain, Korba, Tahsil and District Korba (CG). ^ d> 42. Sumitra Bai W/o Shri Shyamlal, aged about 40 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). 43. Billu Kodaya S/o Shri Narsaiya, aged about 39 years, occupation daily wages eniployee, Nagar Nigam, Korba, Tahsil and District Korba (CG). 44.*^ Chankeslu S/o Shri Chanaiya, aged about 40 years, occupatibn daily wages employee, Nagar Nigam, Korba,Tahsil and District Korba (CG). 45. Mohan Rao S/o Shri Apparao^ aged about 39 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). 46.' Om Prakash S/o Shri Babulal, aged about 41 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). 47. ^Prem Kumar S/o Shri Ganesh, aged about 40 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). 48/ Raju S/o Shri Kewal Prasad, aged about 39 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). ^^lpiJ49r Ramakant S/o Shri Chhotelal, aged about 42 years, occupation daily wages employee, Nagar %''?A^"U- Nigam, Korba, Tahsil and District Korba (CG). 50. Rainlu S/o Shri Vainktaiya, aged about 41 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). 51. Rushtam S/o Shri Mohamaddin, aged about 41 years,, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). 52. S. Buchhi S/o Shri Ankaiya, aged about 40 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). f 53. Santosh Kumar S/o Shri Mohanlal, aged about 39 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). l^ 54. Santosh S/o Shri Jainuna Prasad, aged about 40 years, occupation daily wages employee, Nagar Nigam, Korba, Tahsil and District Korba (CG). 55. Sheela Bai W/o Shri Jailal, aged about 43 years, occupation daily wages enaployee, Nagar Nigam, Korba, Tahsil and District Korba (CG). <r"" 56. Balram S/o Shri Bhaiyaram Sahu, aged about 41 years, occupation daily wages eniployee, Nagar Nigam, Korba, Tahsil and District Korba (CG). 57. Shrinivas S/o Shri Rituraj Singh, aged about 42 years, occupation daily wages einployee, Nagar Nigam, Korba, Tahsil and District Korba (CG). ^' •Wm^' PETITIONERS AND .^" /^ 1. The State of Chhattisgarh, through the principle Secretary, Department of Urban Administration and Developraent, Mantralay at D.K.S. Bhawan, Raipur (CG). 2." The Under Secretary, Department of Urban Administration and Developnient, Mantralay at D.K.S. Bhawan, Raipur (CG). ^' 3. The Muncipal Corporation, Korba, through its Commissioner, Municipal Corporation Korba, District - Korba (CG). ^' 4. Commissioner, Municipal Corporation Korba, District -Korba (CG). RESPONDENTS WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA •\ HIGH COURT OF CHHATTISGARH : BILASPU R WRIT PETITION (S) N0.6798 OF 2010 PETITIONERS Dhaniram & Others RESPONDENTS Versus State of Chhattisgarh & Others AP< ^ WRIT PETITION (S) N0.6112 OF 2010 PETITIONERS Manish Mishra & Others RESPONDENTS Versus The State of Chhattisgarh & Others WRIT PETITION (S) N0.6398 OF 2010 PETITIONERS Ajeet Verma & Others RESPONDENTS Versus The State of Chhattisgarh & Others And WRIT PETITION (S) N0.6521 OF 2010 PETITIONERS Ravi Kumar Sen & Others ESPONDENTS Versus The State of Ctihattisgarh & Others (Writ Petitions underArticle 226 ofthe Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Shashank Thakur, Shri Sunil Sahu & Shri A.V. Sridhar, Advocate appears on behalf of Shri G.S. Ahluwalia, Advocates for the respective petitioners. Shri Y.S. Thakur, Deputy Advocate General for the State. Shri Sanjay K. Agrawal, Shri B.D. Guru & Shri Sudeep Agrawal, Advocates for the respective respondents. ORDER(ORAU (Passed on this 20th day of January, 2011) 1. W.P.(S) Nos. 6798, 6112, 6398 & 6521 of 2010, involve the same question of law and common facts and, as such, they are being disposed of by this common order. J2> Being aggrieved by the action of the respondent Municipal Corporations (for short "the Corporations") to remove the daily wagers pursuant to the memo dated 23-9-2010 (Annexure - P/1 in W.P. (S) No.6798 of2010), the petitioners have preferred these writ petitions seeking a direction to the regpondent authorities to continue their services as daily wagers and to take steps to regularize their services. Shri Shashank Thakur, Shri Sunil Sahu & Shri A.V. Sridhar, learned counset appearing for the petitioners, submit that pursuant to the memo dated 23-9-2010, the petitioners have been asked to discontinue their services in spite of the fact that they have been appointed on daily wages basis and have been serving for the last several years. The action of the respondents, without taking recourse to appointment of a committee for scrutinizing the cases of dajly wagers for regularization as directed by the Supreme Court in Secretary, State of Karnataka and Others v. Umadevi (3) and Others1 and further directions of the Supreme Court in State of Karnataka & Ors. v. M.L Kesari & Ors2, are bad and irregular. Accordingly, the said action of the respondent authorities removing the petitioners deserve to be quashed. On the other hand, Shri Sanjay K. Agrawal, Shri B.D. Guru & Shri Sudeep Agrawal, learned counsel appearing for the Corporations, submit that pursuant to the memo dated 23-9-2010 wherein it has been directed that if the posts are vacant for a long indefinite period, no appointment on daily wages and on Collector's rate be made in future. Thus, all the daily wagers are being removed. Even otherwise, the petitioners have no right to the post or continuation, regularization in the light ofjudgments of the Supreme Court in Umadevi (3) (su^a) and M.L Kesari{s^[a}. 1 (2006) 4 SCC 1 2AIR2010SC2587 Shri Thakur, learned Dy. Advocate General appearing for the State, submits that the State by memo dated 5-3-2008 (Annexure - P/2 in W.P. (S) No.6798 of 2010) directed all the Departments, Collectors to take steps for regularization of daily wagers, who have bee working for the last 10 years, in view of the direction of the Supreme Court in Umadevi (3) (supra). Certain guidelines were also issued in the memo dated 5-3-2008. The memo dated 23-9-2010 does not provide for removal of all the daily wagers without any rhyme & reason. It was further provided in the said memo that if illegal appointments have been made by the Corporations the recovery may be made from the Commissioners/Chief Municipal Officers, as the case may be. Having heard learned counsel appearing for the parties, perused the pleadings and the documents appended thereto, it is clear that neither the memo dated 5-3-2008 directs removal of all the daily wagers without scrutinizing their cases for regularization as per the direction of the Supreme Court in Umadevi (3) (supra) northe subsequent memo dated 23-9-2010. Memo dated 23-9-2010, as aforestated directs recovery ofthe payment made to the employees who have been appointed illegally by the Commissioners/Chief Municipal Officers. Thus, the action of the Corporations for removal of the daily wagers without following the directions of the State Government, as contained in the memo dated 5-3-2008 and subsequently in the memo dated 23-9-2010 is not sustainable unless and until there is some order passed against the daily wagers. By oral instructions, they cannot be discontinued when they were appointed by written order. If there is a case of illegal appointment de hors the constitutional provisions of the scheme, the authority have to follow the directions issued by the Supreme Court in the abovestated cases. (02^ 7. In Umadevi (3) (supra) the supreme Court observed as under: "53.... In that context, the Union of India, the State Governments and their instrumentalities should take steps to regularize as a one-time 44 measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned post 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 daity wagers are being now employed. The process must be set in motion within six months from this date. We also clarify that regularization, if any already made, but not sub judice, need not be reopened based on this judgment, but there should be no further bypassing of the constitutional requirement and regularizing or making permanent, those not duly appointed as per the constitutional scheme." 8. Subsequently, in M.L Kesar/{supra) the Supreme Court reiterated and clarified the object behind the direction passed by the Supreme Court in Umadevi (3) {3^\Q} as under : "8. The object behind the said direction in para 53 of Umadevi (AIR 2006 SC 1806 : 2006 AIR SCW 1991, Para 44) is two-fold. First is to ensure that those who have put in more than ten years of continuous service without the protection of any interim orders of courts or tribunals, before the date of decision in Umadevi 2006 AIR SCW 1991 was rendered, are considered for regularization in view of their long service. Second is to ensure that the departments / Instrumentalities do not perpetuate the practice of employing persons on daily-wage/ad hoc/casuat for long periods and then periodically regularize them on the ground that they have served for more than ten years, thereby defeating the constitutional or statutory provisions relating to recruitment and appointment. The true effect of the direction is that all persons who have worked for more than ten years as on 10.4.2006 (the date of decision in Umadevi) without the protection of any interim order of any court or tribunal, in vacant posts, possessing the requisite qualification, are entitled to be considered for regularization....." 9. In compliance of the aforesaid directions, the State Government has rightly framed the scheme by memo dated 5-3-2008 and directed all the Departments to securitize the cases of daily wagers and pass orders accordingly. 10. For the foregoing reasons and applying the well settled ratio laid down by the Supreme Court in the abovestated cases, the action of the respondent Corporations pursuant to the memo dated 23-9-2010 for removal of the daily wagers without proper scrutiny as per the memo dated 5-3-2008 is bad and the same is not at all sustainable in the eyes of law. Thus, the same is quashed. 11. In the result, the writ petitions are allowed to the above extent. However, liberty is reserved to the authorities to take steps, if so advised, in accordance with law as aforestated. 12. No order asto costs. /OJ Gowri Sd/- Satish K. Agnihotri Judge