HK3H COURT OF CHHAmSGARH AT BILASPUR SinaleBench Hon'ble Shri H.L. Dattu. CJ. Writ Petition N0.2901 of 2003 Petitioners 1. Tikam Yadav, S/o Late Kanhaiya Yadav, aged about 38 years, M.A. Hindi Typist w.e.f. 01.12.86 General Forest Division, Raipur Distt. Raipur(C.G.) 2. Smt. Adlina Devid, W/oK.K.Devid,aged about 41 years, B.A.Typist, appoint^j on 01.06.85 General Forest Division, Raipur Distt. Raipur (C.G.) 3. Abddl Nasir Khan, S/o Late Shri Abdul Khalil Khan, aged about 37 years, Higher Secondary, Hindi Typist appointedon 01.04.86 General Forest Division, Raipur Distt. Raipur (C.G.) 4. Smt. Gopa Bhattachaarya W/o Shri A.K.Bhattacharya, aged about 40 years, B.A., Hindi Typist, appointed o^ 01.04.86 General Forest Division, Raipur Distt. Raipur (C.G.) ,5 Hemlal S/o Late Kanwal''Singh Nirmalkar aged about 39 yeare, Higher Secondary, appointed on 01.07.87 General Forest Division, Raipur Distt Raipur (C.G.) 6. Lav Kumar Verma, S/o Late Shri Dayaram Verma, aged about 38 years, Higher Secondary, appointed on 04.03.87 General Forest Division, Raipur Distt. Raipur (C.G.) 7. Dwakar Chopkar, S/o Late Som Rao Chopkar, aged about 40 years, M.A., Hindi Typist, appointed on 01.08.87 Generat Forest Divlsion, Raipur Distt. Raipur (C.G.) 8. Hariram Sahu, S/o Late RAmsingh Sahu, aged about 39 years, Higher Secondar/, appointed on 22.07.85 General Forest Division, Raipur Distt. Raipur (C.G.) 9. Hridesh Kumar Sinha, S/o Late Mikundram Sinha, aged about 41 years, Higher Secondary, appointed cn 31,12.81 General Forest Division, Raipur Distt. Raipur (C.G.) es®£^i»w.* '^ 10. Nirmal Kumar Sharma, S/o Shri Krishna Kumar Sharma, aged about 40 years, B.Com,appointed on 30.12.88 Genera! Forest Division, Raipur Distt. Raipur (C.G.) 11. Krishna Singh, S/o Shri Makhan Singh Thakur, aged about 45 yeara, appointed on 01.04.86 Generat Forest Division, Raipur Distt. Raipur (C.G.) 12 Vishnu Kant Mishra, S/o Shri Shiromani Mishra, aged about 36 years, Higher Secondary, Typist, appointed on 01.01.86 General Forest Division, RaipurDistt. Raipur(C.G.) 13. Keshv Yadav, S/o Shri Bhikham Yadav, aged about 38 years, D.C.A. Computer, appointed on 01.01.88 Forest Management Information, System Distt. Raipur (C.G.) 14. Mohd. Nasir Khan, S/o Shri Jaheer Khan, aged about 39 years, BCom., appointed on 28.03.87 Genera! Forest Division, Raipur Distt. Raipur (C.G.) 15. Narendra Kumar Sahu S/o Shri K.R.Sahu, B.A. (Firet Year), appointed on 14.10.86 Genera! Forest Division, Raipur Distt. Raipur (C.G.) 16. Mulchand, S/o Late Shri Kanhaiyalal Yadav, 8th, Peon appointed on28.02.88 Generai Forest Division, Raipur Distt. Raipur (C.G.) 17. Sunii Parihar, S/o Shri Guiab Singh Parihar 5th, Peon appointed on 05.07.88 General Forest Division, Raipur Distt. Raipur(C.G.) 18. Phekuram Verma, S/o Shri Dukrturam Verma, 8th, Peon appointed on 01.03.83 General Forest Division, Raipur Di8tt. Raipuj- (C.G.) 19. Ashraf Khan, S/o Shri Subhan Khan 4th, Peon, appointed on 31.1285 Genera! Forest Division, Raipur Distt Raipur (C.G.) 20. Bisnath Sahu, S/o Shri Tikaram Sahu 5th Peion appointed on 21.12.79 General Forest Division, Raipur Distt. Raipur(C.G.) 21. Birendra Masih, S/o Shri John Masih Das, 7th Peon appointed on 31.12.79 3 ,A- General Forest Division, Raipur Distt. Raipur(C.G-) 22. Basant Yadav S/o Shri Sirban Yeriav 6th Peon appointed on 01.07.84 Generat Forest Division, Raipur Distt. Raipur(C.G.) 23. Makardhvaj Bagarti S/o Shri Chhotelal Bagarti 12 , Hindi Typjst appointed on 10.10.88 General Forest Division, Raipur Distt. Raipur (C.G.) 24. Krishna Kumar, S/o Shri Mayaram Sahu 8th, Chowkidar appointed on 31.12.87 Genera! Forest Division, Raipur Distt. Raipur(C.G.) 25. Shesh Narayan Vaishnav, S/o Shri Bhagwat Vaishnav, Higher Secondary,. appointed on 10.10.85 Generat Forest DMsion, Raipur Distt. Raipur (C.G.) 26. Shyam Kumar Sahu, S/o Shri Phiranta Sahu 1QthFail, appointed on 01.07.85 General Forest Division, Raipur Distt. Raipur (C.G.) 27. Chhabila! Verma, S/o Shri Heeralal Verma Higher Secondary, Peon appointed on 01.06.83 General Forest Division, RaipurDistt. Raipur(C.G.) 28. Amrit Lal, S/o Nadhoram Yadav, aged about 40 years, Fifth, Chowkidar, appointedonOI.11.81 29. Mirja RahimBeg, S/o Mirja Karamat, aged about 45 years, Eirth Wireless Operator, Appointed on 30.09.88 30. Klshore Kumar, S/o Puran Lal, aged about 41 years, Higer Secondary, L.D.C. appointed on 01.12.86 31. Jaywant, S/o Shankerlal Meshram aged about 42 years, Higher Secondary, L.D.C. appointedon 25.02.85 32. Vishwanath S/o Goverdhan Sinha, ag^d about 36 years, Eirth Wireless, appointed on 30.04.88 33. Bodhram, S/o Kartik Sinha, agedabout 53 years, Fourth, appointed cn 07.09.85 34 Sumer Singh s/o Sadaram Dhruw, aged about 48 years, Third, Chowkidar, appointed on 01.03.85 35. Shlv Kumar, S/o Basant Dubey, aged 4 about 42 years, Eirth Beriyar Sahayak, appointed on 01,07.87 36. Smt. Lagnibai, W/o Uttam Dhruw, aged about 43 years, Seventh, Ropni Work, appointed on 17.04.88 37. SharifKhan, S/o Vajir Khan, aged about 44 years, Fifth, . Beriar Sahayak, appointed on 01.05.88 38. Smt. Ramshila W/o Santram Dhruw, aged about 32 years, Fourth, Ropni Work, appointed on 01.12.88 39. Vyas Narayan . S/o Kashiram Sinha, aged about 42 years, Sixth, Berier Sahayak, 40, Rajuram, S/o Phulsingh, aged about 37 years, Third, Chowkidar, appointed on 30.10.87 41. Ashok Kumar, S/o Bishali Sinha, aged about 39 years, B.A. II, L.D.C:, appointed on 04.01.82 42. Lalaram, S/o Jethuram Sahu, aged about 35 years, Chowkidar, appointed on 31.12.88 43. Kriparam, S/o Anandi Sahu, aged about 48 years,Eirth appointed on 20.12.82- 44. Tutaram, S/o Kalanath Sinha, aged about 52 years, Fifth, Chowkidar, appointed cn 30.07.85 45. Hiraman, S/o Baisakhu Sahu, ageJ about 34 years, Seventh appolnted on 30.09.86 46. Chowaram S/o Lakhan aged about 41 years, B.A. Wireless Operator appointed on 31.10.79 (Petitioner No. 28 to 46 are working under Mahasamund Forest Division, Mahasamund, Distt. Mahasamund) 47. Knshna Kumar, S/o tshwertal Sahu aged about 37 years, B.A., LD.C. appointed on 04.08.86 48. Vishnu Prasad, S/o Mehatruram Nishad, aged about 34 years, Tenth Chowkidar, appointed on 05.09.87 49. Shyamlal, S/o Shri Jaiial Dadsena, aged about 34 years, Higher Secondary, Timber Recorder, appointBJ 1 on 25.03.88 50. Batiram S/o Mangluram Sahu, agaj about 46 years, Higher Secondary, WireiessOperator, appointed in 1982 51. Yadoram, S/o Jawaher Gond, aged about 34 years, Eirth Chowkidar, appointed on 19.08.88 52. Santosh Kumar, S/o Sukhdeo Sahu, aged abourt 39 years, Eirth appointed on 01.07.83 53. Rameshwar, S/o Samaru Sahu, agaJ about 38 yeai^, Higher Secondary, Beriar Sahayak, appointed in 1987 54. Komal, S/o Rajuram Yadav, aged about 36 years, B.Com., L.D.C., appointed on 01.01.87 55. Katiram, S/o Rajuram Yadav, aged about 41 years, Eirth, appointed on 01.09.1983 56. Santram, S/o Jodhuram Sahu, aged about 43 yeare, 12th Board Pass, appointed on 14.01..1983 57, Ramsingh S/o Chhotan Mahar, aged about 51 years, Sixth, Gurad, appointed on 01.07.1982 58. - Ghanshyam Baya, S/o Asharam Baya, aged about 33 years, Tenth, Wireless Operator, appointed on 09.Q9.1987 59. Rajkumar Kenwat, S/o Sukhitram Kenwat, aged about 31 years, Fifth Board, Guard, appointed on 01.03.1987 60. Shri Vir Singh, S/o Thanuram Sahu, aged about 36 years, Higher Secondary, Chowkidar appointed in 1986 61. Vijeram S/o Sukhpal, aged about 42 years? 8th Chowkidar appointed in 1987 62. Laxmi Narayan Sone, S/o Dharam, aged about 37 yeare, Seventh, Chowkidar appointed on 1984 63. Anil Kumar, S/o Domar Singh, aged about 31 years, Eirth, Chowkidar appointed on 1986 64. Tulsi Ram, S/o Baisakhu Ram Yadav, aged about 48 yeare, Fifth Board, Guard, appointed on 1986 6 _^ 65. Krishna Puri, S/o Baishal Puri Goswani, aged about 37 years, Eirth, Berier Sahayak, appointed on 1988 66. Shiv Kumar, S/o Dayaram Sahu, agai about 35 years, Eirth Chowkidar, appointed on 01.03.1987 67. Jay Chand, S/o Sadhram Gond, aged about 37 years, Fifth, Chowkidar, appointedon1986 68. Vishal, S/o Gulab Patel, aged about 51 years, Depot Clerk, appointed on 1987 69. Sattar, S/o Lalle Khan, aged about 38 years, Fifth, Chowkidar, appointed on 14.05.1985 (Petitioner No. 47 to 69 are working under Durg Forest Division, Durg, Distt Durg, C.G.) 70. Shatruhan lal Verma, S/o Shri Gaindu Lal Verma, aged about 41 years, Metric, Berier Assistant, appointed on 15.06.1983 71. Ashok Kumar, S/o Radhelal Verma, aged about 39 year, B.Com., Berier Assistant, appointed on 01.01 .1987 72. Roman Singh, S/o Shri Chop Singh, aged about 42 years, Metric, Berier Assistant, appointed on 1986 73. Vijay Kumar Chandrakar S/o Radhelal, aged about 39 years, Metric Writing Work appointed on 16.05.1987 74. Kayyum Khan, s/o Usman Khan, ageJ about 35 years, Higher Secondary, LD.C., appointed on 01.08.1986 (Petitioner No. 70 to 74 are worklng under Khairagarh Forest Divislon, Khairagarh, Distt. Rajnandgaon, C.G. versus Respondents 1. State of Chhattisgarh, through : Principal Secretary, Forest Department Govt. of Chhattisgarh, Mantraiaya, D.K.S. Bhawan, G.E. Road, Raipur (C.G.) 2. Principai Secretary, General Administration Deptt. Government of Chhattisgarh, Mantralaya, DKS Bhawan ^- G.E. Raod, Raipur (C.G.) Principle Chief Conservator of Forest, Forest Department, Government of Chhattisgarh, Secretariat, DKS Bhawan Raipur (C.G.) Consen/ator of Forest, Forest Division/Circle Durg, Distt. Durg(C.G.) Present : Shri V.G.Tamaskar, counsel for the petitioners. Shri Sanjay S. Agrawal, Government Advocate for the State. ORAL ORDER (Passed on 21st March, 2007) The petitioners are darly wagers working in the Forest Department of the Government of Chhattisgarh. They are before this Court for a direction to the respondente to regularize their services by applying the law declared by a Division Bench of this Court in Writ Petition No.1781/2003 decided on 19-4- 2006. (2) First and foremost, if 1 have to follow the deciston of a Division Bench ofthis Court or to follow the decision ofa learned Single Judge ofthis Court, that decision should have declared the position of law. If for any reason, those decisions have not dedared any law as such, but have decided the case on the facts and circumstances pleaded therein, it would not be a binding precedent for me. Therefore, the suggestion, that I should dispose ofthis writ petition on!y in the way in which Writ PetitionNo,1781/2003 was decided by the Division Bench ofthis Court, is not accepted to me. (3) The petitionerc claim that they are daily wagers and working in the Forest Department of the Government of Chhatti^arh. They claim that they are working in the said department from the last two decades, therefore, they are of the opinion that their services require to be regularized. (4) Before approaching this Court, the petitioners had approached the respondente by making several applications/representations for consideration of their cases for regularization. Since those applications/representations did not get any response from the respondents, they are before this Court in this writ petition filed underArticies 226^227 ofthe Constitution of india. (5) The aggrieved persons had gonebefore the respondents. It is for the respondents to have considered their grievances. Since that has not been done in the instant case, an appropriate direction requires to be issuad to the respondents. (6) Accordingly, the writ petition is disposed of. A direction is issued to respondent No.3 to consider the ctaim of the petitioners for regularization of their services in accordance with law, as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this order. Ordered acoordingly. Sd/- Chief Justice