o PETTraONEftS : ^ 00 IN THE HI6H CQURT OF CHNATIZS6ARH AT BILASPUR WKTT PETITION^S) NG^ 6^3.} QF 20t0 1. ftavi Kumcr Sen, S/o Santosh Kttnwr Sen. Aged gbout 36 years, Occupatton - Worktt^ as &Qily Wflges emptoyee, AAumcipql Corporation, Durg, Oistt, Oyrg (C.6.) 2, Rainnaroyan S/o. Aojyrom, Aged atwut 30 years, Occupatron - Worktng as 6aHy Woges emptoyee, Aftuntapat CorporQtiofl, 6yrg, t>tstt. t>urg (C.6.) 3. ~ ftupa Bat W/o. Sopgt, Aged obottt 43 yeors, Qccypatton - Worktng <as &atly Woges emptoyee, Mwtopat Corporatton. t)wg, £><stt.6urg (C^.) 4. &haneshwari, W/o. Santram, Agedabout 35 yairs, Occupation - Worktng as Dgtly Woges employee, Munictpat &>rpor'atton, Ourg, t>istt. &urg(C.^.) 5. Sowtta Bat W/o. Vishntt, Aged aboyt 36 yairs, Occupatton - Wor^mg os Etatly Wflges emptoyee, MyftictpQi Corporatron, Qwrg. Qtsn.^wrgfCS.) ^ - (s. Oewuiroyan S/o, Bhyjbat. Aged about 44 fears, ^ccypatton - Workirg as Qwtfy Wgges employee, Mynicipat CQrporgtwn, Swrg. Nstt. Oyrg {€.&.) 7._ t<p<»mcfth, S/o. 8eRtra«n, »^ed ateyt 32 ^ifg, Ctecujwtton - Workmg ag ^isBy Ji5ift@e3 entptoy^, Myntci-^K3s^»Es*w<t^ ^yfg.DtStt. ^rg (C.&.) W3y6sfQ "NSIQ '&»<] 'ue^BEKxi.K^ (SEXtptynv^ '^^Ofduo ,tJ®Q S& &»|.t<^ 's.a^, ig 4:n6qo pa6y 'tOjUOH •6/g ^KKUR^ Ajt<s •^ ---* {•^5} &B1Q -+4S*Q '&WQ 'uot^ojodjyy tDdpjUnvv 'aa^otduo saftE^ AfiOQ SD 6uf>|*io/v^ - u6t4.8dn3:?o 'SJBE©A 9g 4.noq& pa6y 'pmi&^nvy -o/ffi W WWQ ^"£1 ('y^) ^"Q 'USIQ '&inQ 'u&t+&j6dj6^ |o<it3iunw '3a<te|«£ttua S3&>M ^t'OQ SD &it>(J6^ - uot.t.8dna>o 'sJiraA Q^ ywq paSy 'Ui»(>|Dq •o/s taayoUDi|<} •gt (•y^)&WQ-ustQ'&inq 'u6t+&j6dj&^ fDdpiunyy 'saAojduis safio/^ ^ttDQ ®^ &w>fJO^ - u&t+txln^ao 'SJI®A Q^ ^.noqo pafiy 'tFojDUOktq •o/§jEwn>(puDN '^f. C5-3) &W} '^SiQ '&mQ 'u&f+ojodjo^ (odptunw 'aaAoiduo sa&o^ ^H8Q SD ®tWM - uo»tDdR:>:>0 'sjBDaA 9g 4.noq& psSy 'i|so+u&s -O/M t&S +OWMSQQ -01 ^ {•ffy)6jtnQ -us<Q '6,mQ 'w>iyhmdjxr) }odptunw '33Ao(diu3 SS&&M ^fOQ so 6y»>|j&/^ - u6»+o<in3:)0'SJD&A Q^ yvocp pa6y 'UDAiuoudaaQ 'o/M. ?°8 DMpns^-o '6 ("9'3)6Jn<3 'ustQ 'Sjno 'Wf^Vkwdjo^ jBdpiunw 'saAotdtua sa&w ^1<OQ so 6u»>(Jo/ft - uo»4.Bdn330 's^awA £^ ^.noqo paSy 'uaunuoH "°/S'PI <t&^uoMS '8 /' l^ ^ 15. Vtjay Kunwr, S/o. Kanwl, Aged oboyt 30 yeers. Occupation - Workw^ as OgHy Wages etnptoyee, MuntCtpal Gorporotion, t>urg, Dtstt. E>urg<C.6.) 16. 17; Manharan Kumar S/o. Hfroman, Aged obout 30 y®»rs,Occy(Mition Workw^ as bcu"<y W<®es etnptoy^, MuntCtpat Corporatton, Durg, CXstt. t>wg (C.6.) Ashok Kumar S/o. Late Kart'ik Aged gbout 37 y«»rs,Oc<:y(»troft Workttg cs ttoily Woges emfitoyee, MuntCtpgl Corporation, £>yrg,OtStt. Ourg (€.&.) iS' Kgn»l Ktffftar S/o, AAtlap, Aged about 30 yairs, Occypatton - Workt^ as Oatly Wages Wipbp/ee, MuntCtpal Corporatton, &W9, Oistt. Owg (C^.) 19, Marwj Kyffmr S/o, Uckiyrant, Agwi oboyt42 yCTrs. OccypQtion Workiflg GS baily Woges employee, Atontdpal CQrporation. 6yrg, Otstt. &ta<9 (C.6.) 20. Pyarttet, S/o. Bcnsht Sahy, Aged oboyt 39 Years. Qccypation - Workfl^ <s &a»<y Woges emplQy^, Mtmicipat CorporattQn, QtSTg, Otstt. Btir^^C.g.} <^ 21. Birjhu Singh, S/o, Shurstngh, Agedaboyt 53 i^ars,Occ«pQt«m Worktfg os &gt<y W<®es emptoyee, Mtntcipat Corpomtwn, Qwg, Oistt. &tK-9«.&) =i:'Ts^Htsa-?;a IS ,r' ^ ,^ 22.' Aftanoj KynKir S/o. Kisban, Aged about 33 years, Occypation - Worktt^ as Daily WQges efftployee, Mt.imctpal Corporatwn, Durg, tXstt.Our^ (C.&.) 23, Bajrat^ Vwbsf. S/o. 6opal Vwkw. Agedaboyt 32 years, Qccupat«m Worktt^ <as Exuly Woges emptoyee, MtmtCtpgt Corporation, t)urg, EHstt. Durg (C.&.) 24. fiovind Chdndrakar, S/o. Sufldarkrf, Ageol oboyt 40 yaws, Occypation - Worktr^ as Oaily Wages emptoyee, My»Mcipa( Corporation, Oyrg, t>tstt. Dwg (C.6.) Z5. Sakhbati Bai W/o. Krshoritat, Aged about 45 years, GccypQtion Worktrg as OaHy Woges employee, AAuntCtpQt Corpor'atton, £>urg,tHstt. taurg(C.6.) It-y' 26. Shatantala Bai &/o. Aatmaraffi, Aged aboyt 40 years, Occupation Workmg as Oatly Wcges emptoyee, MuRtdpgt CQrporation, Ow^,&istt. Oyrg<C.6^ f^ 27, Bnjbat W/o, eoratu Rayt, Aged aboyt 45 y«irs, Gccupation - Worktf® gs Oatly Wcges efttptoyee, Muniapat Gorporatron, Qwy. &istt. t>urg (C.&) f 28. l^ykumQr Scrftu, S/o. BiSQyhonam, AgCTloboyt 35y€»rs,OccypffNOin Workit^ as Oatly W<i®es emplo^%, MyntCtpal CQrportitton, 6urg, Otstt. 1Nrg(C.6.} IK 3~W^-^^TtK;S??^' iH 29. ShyamabQi W/o. Yogesh Bhatta, Aged aboyt 40 yeors, Occupation Working as Oaily Wfl®es emptoyee, Municipal Corporation, Durg, Oistt. t>tir9<C.6.) Janant Bai, W/o. Bhaf'Qt TQtnrQkar, Aged aboyt 40 years, Occupatton - Working as &ail> Wages emptoy^, Aftt.tntcipal Corporation, 6urg, Nstt. Durg <c^.) 31. Motti Bai Gandhawa, W/o. Rgdheshyant, Aged about 34 y®irs,Occypation - Wortung as Oatly Wa9es emptoyee, Munictpat Corporatton. &urg, Dtstt. Ourg 32. Shanti Bai Sahu, W/o. Bhayitratn Sahu, Aged about 35 yCTrs, Gccupatton - Worktt^ as Etotty Woges emptoyee, ^ftyntcipat Corporatton, Durg, Distt. Oyrg <C&) 33. tShonraj NirmalkQr, S/o. t-ate Rtkhtrom, Aged oboyt 42 years, Gccupation - Working as Oatfy Wcges employee, Munictpal Gorporation, Durg, tXstt. &yrg (CA) f^ 34. feamkfshore Vsishan, S/o. Kanwal &as, Aged Otboyt 43 yays, Occupation - Workffl^ as Daily Woges 6mp(oyee, MwitCtpal Corporatron, Dwg, tXstt. ©urg /^ 35. -u > 36. Uffiahai Vadav, W/o. Safltosh y<Ktav, Aged obout 34 years, Occupatton - Workir^ as Daily WQges employee, Murtictpaf Corporgtton, E>urg, Oistt. Ourg (CA) Tameshwar, Nishad, S/o. Mohan Nshact, Aged about 34 yews. Occupatton - Workir^ as ISgily employee, AAunictpa) CorpQratton, tSwg, Distt. Dt.irg ^ 37, RQjkttmor NIshacl, S/o. Vtshram Ni'shad, Aged <ibout 39 yecrs, OcctipQttort - Workmg cs Oatly Woges einployee, AAyntCtpgl Corporatton, &urg, Oistt. t)yrg 38. Mitendra Sahu, S/a. iate Tttlstrgm Sahu. Aged obout 38 years, Occypation - Workti^ os Daily Wages employee, Muwctpal Corporation, Durg, t>tstt, Durg 39. ^ 40, Swesh Kumar Sahu, S/o. Thukef 5ghy, Aged Qboyt 40 years, Occypation - Worktng as tSatly Wages employee, AAtitwdpat CQrporation, &yrg, &istt. Our^ (CA.) Rypnaro^n Sonkar, S/o. Mohgnte(, ^ged ^about 40 years, Occypatton - Worktrg as OQtly Wages emptoyee, MyntCtpaf Corporatton, Qwg. &istt. 6wg 41: Nohar Tandan, S/Q. Late Douwapcan Tand<in, A^d oboyt 36 years, OccypQtion - Worki^ <as Oaily Woges entptoy^e, Mtfluctpat Corporat*on, Qwg. l6 Punttroffi Sahu, S/o. Nammu Sahu, Aged about 32 years, Qccupatton - Workir^ as &ady Wages emp(o^%, Mufltcipat Corporatton, ESurg, E>istt. Owg (C^.) 43. 44. 45. 46. 47. 48. Sattk Ram S/o. Aftohan Nishad, Agedabout42 years, Occupation Working as Ogtly Wages employee, MuntCtpat Cwporatwn, Ourg, Oistt. E>urg (C.6.) Sanpat Sahy. S/o. Bhagtrathi, Aged about 47 years, Occypatton Workmg os E>crily Wages emptoyee, Municipat Corparatton, Bwg, Oistt. Ourg <C.&.) ttanohar yadav, S/o. Goverdhan, Aged aboyt 36 years, Occupatkm Workti^ as &atty Wages etnploy^, AAunicipat GorporQtton, &urg, £>tStt,Our^ (C.&.) Sanat Sahu, S/o. AAonFakhan, Aged about 40 years, Qccupation Workmg as Datly Wages emptoyee, MwttCtpgt Corporotton, Ourg, E>fstt, E>urg (C.6.) 8hagwat Sahu, S/o. Katnata Prgsad, Aged about 30 years, QccypQtton - Workir^ os &a*<y employee, AAynictpgf CorporQtion, t>yrg, t>istt. &wg (CA) Ramesh Kumar S/o. Late Harakh Pandey, Aged about 36 y^rs, Qccypatton - WoTktt^r as ttotly efw^vyee, MufttCtpat Corporatkm, Qurg, Ustt. s6w^ \1 RKPQN&ENTS : -^ 49. Akeenuram Sahu, S/o. Manrakhan Sahu, Aged oboyt 38 yesys. Occy{«ttion - Workirg as Oaity Woges etnptoyee, Municipat Corporatron, E)urg, £>istt. t>urg ^ {C.6.) QQf. Bfeen ram Sahu, S/o. Banauram Sahy, Aged aboyt 38 yews, Occypatton - Workttg as Oatly Woges emptoyee, Muntcipal Corporatton, E>urg, t>istt. Oyrg 51. Manthir Vadav S/o. Shri Hflnumon yodav, AgKl oboyt 38 y®trs,Occypation ' Workti^ ocs &aily Woges empfoyee, MyntCtpat Corporgtton, t>yrg, E>istt. Dwg (C^.) VE^US l." Tliw State of Chhattisgarh, Throtjgh The Pnnctpat SecretafY, Oepartment of Urban Adtnintstratton qnd &CTelopinent, Aftantnitlgya at &.K.S, Bhawcm, ftatpyr(C&). ^ 2, The Under Secretory, Oepgrt^ment of Urbon Adflttftistratton and Oewlopl^nt, AtentratayQ ot &.K,S. Bhawgn, ^»pur<C6). ^^ 3, AAyntCtpat Corporatton, &wg, t)»stt. tXirg. Through tts CotnnttSStoner, Ourg, (€.6.) 4. The €o»fls<sstoneT, AAynictpQt Corporatton Otirg, (C,6.) WRIT^ETTTIONyN&ER ARTIiO.E 226 OF THE CONSTITUTIQNOF INblA •\ 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