^l- '.....>f$^-^ ?^A ".^'^.\- ^••::fc^?;^3^ ^-"-. ,, ?-^0 \'^.-^"" ?< t» c< ^e^? IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (Sl NO.^T^ ^? OF 2010 1. Faguram Patel S/o. Mekaru Patel, aged about 40 Years, R/o. Kainla Nagar Ward No. 1, Nagar Panchayat Sarangarh, Distt.- Raigarh ( C.G.) (Appointedon 23.11.1990 ) 2. Sakharam. S/o. Rainlal Yadav, aged about 45 Years, R/o. Fuljhariyapara, Ward No. 7, Nagar Panchayat Sarangarh, Distt.- Raigarh ( C.G.) (Appointedon 18.10.1991 ) 3. Smt. Suraj Bai W/o. Ttheyera Lal aged about 45 Years, R/o. Jailpara, Nagar Panchayat Sarangarh, Distt.- Raigarh (C.G.) ( Appointed on 09.11.1990 ) 4., Smt. Dutiya Bai W/o. Panchram, aged about 41 years, Ward No.3 Fuljhariya para ,Nagar Panchayat Sarangarh, District Raigarh (C.G.). ( Appointed on 15.03.1996 ) 5. Gangu Sahu S/o. Rameshwar Sahu, aged about 40 Years, R/o. Mudpara Bade, Nagar Panchayat Sarangarh, Distt.- Raigarh ( C.G.) (Appointed on 02.02.1996 ) 6. Sahni Sahu S/o. Jagat Ram, aged about 45 Years, R/o. Mudpara Bade, Nag.ar Panchayat Sarangarh, Distt.- Raigarh (C.G.) (Appointed on 02.02.1996 ) 7. Bhogilal Patel S/o. Cttheydu Patel, aged about 45 Years, R/o. Mudpara Bade, Nagar Panchayat Sarangarh, Distt- Raigarh ( C.Gfe^ (Appointed on 20.06.1997 ) ^\ 8. Uraakant Swamkar S/o. Hariprasad Swamkar, aged about 41 Years, R/o. Rajapara , Nagar Panchayat Sarangarh, Distt.- Raigarh ( C.G.) (Appointed on 01.04.1988 ) PETITIONERSS AND 1 .The State of Chhattisgarh, through the Principle Secretary, Department of Urban Administa-ation and Development, Mantralay at D.K.S. Bhawan, Raipiir (CG). 2.The Under Secretary, Govenunent of Chhattisgarh, Departinent of Urban Administration and Developraent, Mantralay at D.K.S. Bhawan, Raipur (CG). ^ /€/' |; s!&S^ llv '•\. \ 3. The Joint Director, Urban Admmistration and Development, BUaspur (CG). 4. The Nagar Panchayat Sarangarh, through its Chief Municipal OfKcer Nagar Panchayat Sarangarh ,District Raigarh (CG). RESPONDENTS :\ ^ ^ / f // lll.linlii!; . ti-l.ii:.;.,; tjiHiiHitiBiE^ %WRIT PETITION U/A 226 OF THE CONSBTWUTIOJi OF INDIA Particulars of the Petitioners: As stated in the cause title. ^•g'aaiesi^ Arun HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (S) N0.7593 OF 2010 PETITIONERS Faguram Patel & Others Versus The State of Chhattisgarh & Others (Writ Petition underArticle 226 ofthe Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. RESPONDENTS Present:- Shri Awadh Tripathi, Advocate for the petitioners. Shri N.N. Roy, Panel Lawyerforthe State. Shri Pankaj Agrawal, Advocate for the respondent No.4. ORDER (ORAU (Passed on this 25th day of January, 2011) 1. Heard learned counsel for the parties. 2. Learned counsel appearing for the petitioners submits that the petitioners are working on daily wages basis for last more than 10 years. Pursuant to the circular dated 05/03/2008 (Annexure P/5) wherein the State Government has directed to scrutinize all the cases, who had completed 10 years of service for regularization. The petitioners are being thrown in view of the subsequent circular dated 23/09/2010 (Annexure P/9). Learned counsel further submits that issue of removal of daily wagers in the light of circular dated 05/03/2008 (Annexure P/5) came up for consideration before this Court in the matter of Dhaniram & Others v. State of Chhattisgarh & Others and other connected matters, wherein this Court having heard all the parties observed as under:- "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 23/09/2010 for removal of the daily wagers without proper scrutiny as per the memo dated 05/03/2008 is bad and the same is not at all sustainable in the eyes law. Thus, the same is quashed " 3. Shri Roy, learned Panel Lawyer for the State and Shri Agrawal, learned counsel for the respondent No.4, submit that this matter may also be disposed of in the same terms. 4. Accordingly, the writ petition is allowed and the respondents are directed to take steps in accordance with the direction contained in para 10 of the judgment ofthis Court in Dhaniram & Others (supra). Sd/- i SatishK.Agaihom l—'Judge ' W.P.(S) N0. 6798 of20IO (decided on 20" January, 2011) .-i