r" (D yiy^ion ^y^fiy' COURTFEES€XEMFTI BYNOTIRCATION N0.996(yD-2870/XX). B/C.G./05AS SPECIHED IM SCHEDULE I& HOFTHE COURT FEES ACT 1870. IN THE HON'BLE fflGH CQURT OF CHHATTISGARH AT BILASPUR WRIT APPEAL^A& OF 2009 APPELLANTS : (RESPONDENTNO. 1 IN THE ORIGINAL APPLICATION) RESPONDENTS : C^PPLIC^NTS) t^o , 01 TO o^( ^ ^.'^T ^'^^t*~^ ^ 1 ^tes-^"":. (j) ) ""•eivsac* / STATE OF MADHYA PRADESH, (NOW CHHATTISGARH) Through the Secretary, Panchayat and Rural Development Department, Vallabh Bhawan, Raipur (C.G.) VERSUS /1. RAM DULARE PRAJAPATI, Aged about 36 years, S/o. Shri M.R. Prajapati, Occupation: Khalasi 2. RANGULAL YADAV Aged about 48 years, S/o. Shri Kripa Ram Yadav, Occupation: Khalasi 3. SHIV KUMAR SHUKLA, Aged about 33 years, S/o. Shri C.L. Shukla, Occupation: Time Keeper , 4. BAHADUR RAM SAHU, Aged about 35 years, Occupation: Time Keeper. lents No. 2 to 5 in) 5 the Original Application ^ ^. ^y/ -^F y^^ .^/^ ^./e. .ff '•y <?• ^ DEVELOPMENT COMMISSIONER, Bhopal COMMISSIONER, Bilaspur Division, District: Bilaspur. 7. ADDL. C.E.O. Janpad Panchayat, Kota, District-Bilaspur. 8. BLOCK DEVELOPMENT OFFICER, Kota, District-Bilaspur. The Respondents No. 1 to 4 are working under the establishment of Addl. Dev. Commissioner, Janpad Panchayat Kota, District-Bilaspur (C.G.) WRIT APPEAL UNDER SECTION OF THE CHHATTISGARH HIGH COURT fAPPEAL TO DIVISION BENCH) ACT, 2006 in 9 nilKeB HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Appeal No. 247 of 2009 APPELLANTS fRespondent No. 1 jn the oriainal apDlication) RESPONDENTS State of Madhya Pradesh (Now Chhattisgarh) Versus Tikaram Yadav & Others & Writ Appeal No. 248 of 2009 r • •'• '^ APPELLANT'S (Respondent No. 1 in the oriainal apDlication) RESPONDENTS State of Madhya Pradesh (Now Chhattisgarh) Versus Ram Dulare Prajapati & Others Writ Appeat under Section 2(\) of the Chhattisaarh Hiah Court {Appeal to Division Bench) Act. 2006. DB: Hon'ble Shri Justice I.M. Quddusi & Hon'ble Shri Justice N. K. Agarwal. Present : Shri Vinay Harit, Deputy Advocate General with Shri Suryakant Mishra, Panel Lawyer for the State/appellant. Shri Indrasen Sahu, Advocate for respondent No. 1 to 4 in W.A. No. 247/09. ORAL ORDER (Passed on 28th day of September, 2010) Per I.M. Quddusi, J. By this common order, Writ Appeal Nos. 247/09 and 248/09 are being disposed of as common facts and issues are involved in these appeals. These two Writ Appeals have been filed against the impugned judgment and orders dated 04.03.2008 and 27.02.2007 passed by the learned Single Judge in W.P(S) 'WWW!-'ft'-'-:k'l. • • "-^.. -^., s^sv-^-''-s"^ ^ .// •'r:"..^?' 6. Nos. 2470/07 & 1861/05 respectively, allowing the writ petitions. Brief facts of the case are that, the respondents were initially appointed on the post of Khalasi and Time Keeper on daily wages basis. The respondents were granted regular pay scale and accordingly getting salary in accordance with the regular pay scale. But all of a sudden, it was directed that on account of excess staff in the office, on the post of Khalasi and Time Keeper, the services of the respondents were transferred to Rural Engineering Department (for short 'RES') on daily wages basis, whereas they were getting regular pay scale at that time. The respondents filed writ petitions whteh was allowed by the learned Single Judge as mentioned hereinabove. In the similarly situated case, when the petitioners of W.P. No. 2125/02 (Sant Kumar & Others v. State of Chhattisgarh & Others) who were also regularized but later i.e. after 6 moths their regularization was stopped, the same was held as bad in law, against which SLP (Civil) No. CC 7472/2006 was filed by the State of Chhattisgarh which was dismissed vide order dated 09.10.2006. In case of Sant Kumar (Supra), the variation was made a few months before the order was passed stopping the regular pay scale, but in the instant cases, the orders impugned was passed after almost 5 to 7 years and all of a sudden it has been ordered that since the regular posts are 8. not available, the services of the respondents are transferred to other department i.e. RES Department on daily wages basis. The question is that how they were getting their regular pay scales regularly without any vacant posts, this question could not have been explained by the appellant's counsel. Anyhow, initially the respondents were engaged on daily wages basis and after completion of more than ten years of service they were taken in work charged establishment in regular pay scale under the circular dated 22.11.1988 that the daily wages employees who have completed three years of service shatl be considered for regular appointment. This circular was issued by the erstwhile State of Madhya Pradesh before its re- organization. Since there was no statutory rules, as such, the circular issued under Articte 162 of the Constitution of India shall have effect of the rule, and therefore, it cannot be said that there regularization was made dehorse the rules. Shri Vinay Harit, learned Deputy Advocate General, has submitted that the appeilant/State have given benefits of regularization to the respondents from the date of their reduction from regular establishment to that of dai!y wages. In view of above, nothing remains in these Writ Appeals. However, Shri Harit, learned Deputy Advocate General submits that learned Single Judge has held that the judgment passed in Sant Kumar's case (Supra) is in vein. Hcwever, we consider that the simitarly situated employees who were reduced to that ofthestageas daily wages from that of work charged regular employee and have not approached the court, they cannot be get benefrt in the absence of verdict of the court in their favour. 9. With the above observation and direction, these Writ Appeals stand dispose of. Interim relief granted on 13.09.2010 also stand discharged. 10. The amount which is in deposit in these appeals, shall be allowed to be withdrawn and after withdrawing the same by the appellant/State, the same shall be paid to the respondents without any further delay, if already not paid. 11. Certified copy as per rules. Sd/- I.M.Quddusi Judge Sd/- N.K-Agarwal Judge ^^J Sahu