C^6 0~~o SIKR8 BFN^M BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR fCG) WRIT PETITION (S) N0. 3V\50^ /2010 PETITIONERS ^ ..'., ^ •/^v •y/ <'•••' ^,. ^M^- (^7^f ^r^7 ^M^ •^ -§-' ,0' ^ 7 .s^ '^ Prem Kumar Ratre, aged about 21 years, son of Shri Raju Ratre, Unemployed, R/o Vill Gopalpur, PO Boirdadar, Tah and Distt. Raigarh (CG) Ku. Vinodini Gupta, aged about 31 years, D/o Late Rajaram Gupta, Unemployed R/o Koilanga, Po Jamgaon, Tah and Distt. Raigarh (CG) Tulsiram Chauhan, aged about 21 years, S/o. Atmaram Chauhan, Unemployed, R/o. Behind Central Jail - Raigarh, Pragati Nagar, Ra®s4fpE€-6,Rotiyiaih- C-<^. ^^s^-u-- -•-- ^ c/^^ Vijay Kumar Sao, aged about 26-years, s/o Uber Sao, Unemployed, R/o Vill Kurmapali, Po Kotra, Tah & Distt. Raigarh (CG) Kamlesh Kumar Dansena, aged about 29 years, son of Shri Maniram Dansena, R/o Vill. & Post Kotra, Tah and Distt. Raigarh (CG) Santosh Kurnar Yadav, aged about 30 years, S/o Kirit Rarn Yadav, Unemptoyed, R/o. Vill. Jampali, Post Usraut, Tah and Distt. Raigarh (CG) RESPONDENTS 3. 4. VERSU; Stateof Chhattisgarh, through Secretary, Department of Tribal Welfare, Dau Kalyan Singh Bhawan, Raipur (C.G.) Commissioner, Deptt of Tribal Welfare, Raipur (CG) Collector, Raigarh )CG). Asst. Commissioner, Deptt ofTribal Welfare Raigarh C.G. WRIT^IETITION U/A 226 OF THE CONSTITUTION OF 01. PARTICULARS ABOUT THE PETITIONERi As per cause title. II: crr XI-HC—78 ^~=? '<fWtv\^, vs-mww, fefdiyy . ^,t<(S.)t\'b,^.ciS~3)2d\S 3i^T'T?9T (lytj°l^tT) 311^1 ^ K.-Vdh 'cT^ 3H^T^4tcfi -Y ^<nw ^iftit an^i SB : Hon'ble Shri Manlndra Mohan Shrivastava. J. 14-07^010 Shri A. N. Bhakta, counsel for th^ petitbners. Shri Bhaskar Payashi, Panel Lafvyer for the State/respondents on advance copy. With the consent of learned coi|nsel for the parties, the petition is heard finally. Petitioners are those, who have| IV Posts in School and other institution^ Department Submisskan of learned counsel! for the petitioners is that for the purpose of making regular appointmei^t, an advertisement was issued, pureuant to whioh, the petitioners hap applted for the same. In the meantime, on account of pressure exert^d by existing Daily Wage/lrregular Employees, proc^s of seleotion has t^en stayed. The Government has come out with new rules for granting [ ^prf^ft^ 'E??^ff ~^. fe^ <r^-^i< ^i'aifiraan^T applied for appointment on Class- run by respondent No.2 in Tribal Learned counsel for the petitioner subtiits that now, an order has been issued on 02-07-2010(Annexure P-1), weightage on the service tenure. by whioh, the existing employees have been directed to join at their re^sective place of work, taking into consideration the exigency of administralpon. Apprehension of leamed counsjel for the petittoner is that if these Daily Wage Employees/lrr^utar Emplt^ees are allowed to continue and gain experience; they may claim benefit t>f experience, It is not the case of the petiti^ners that the daity wage/irr^ular employees have been regularized in serj/ice or that they have been granted weightage of experience in a manner, n^t permissible under the law. In fact, process of selection has only been ^tayed and it has not even been t-HC—78 s'si •*]|<IKI<I, yiil.M'Ko, fsidiyy . \,\j,P,C2.3N\>.^c'f£3)lo^ sm^- 3T[^1'(ra^ ('^ql^'siyi) 3?i^I ^il fyiRT wian^i9R!iw TRnWdfta silfg -2. |se premature. In the event, daily wage/in|i ]or process of setection is cancetled or pejl |?e open for them to take recouree to the r^medy available under the taw. In the result, the petition is dismi^sed. Twnane ancelled as on the date. This petition, t^erefore, at this stage, appears to ?Wfi:pft;T Wi?ff ^t' fs^S ^Rt^H ^aiRnsn^l sgular employees are regularized itionere are not selected, it would Sdi- Manindra Mohan Shrivastava Judge