IGH COTJ 1ATT >f2007 Rajesh Kumar Sharma, Aged - 33 years, S/o Slm Prafall Kumar Shai-iaa, Presently working as - Lab Attendant, At - Go\'t. Hr. Sec. School, Urba, District Raigarh (C.G.) R./o Village - Kolan-i, Via - Taninar, District - Raigarh (C.G.) VERSUS FTS : 1. State of C'nhatSisgark Tlii-ougli - The Secretar\', Deoartment of Tribal Caste & Schedule Caste Deveiopment D.K.S. Bhav^'an, Raipur. 2. Tlie ConBmssioaer, Department of Tribal Caste & Schedule Caste Development, Chliattisgarh, H.Q. Pt. R.S.U. Canipus, Raipur. 3. Tlie Collector, Tribal Caste & Schedule Caste Development Department, Raigari!, District - Raigarh (C.G.) 4. The Assistaiit Coimnissioner, 0/b. The Colleetor, Triba! Caste & Schedule Caste Development Departmeut, Raigai'h, Distnct - Raigarh (C.G.) 5. The Principal, Govt. Higher Secondary School, Urba, ilock- Tanmar, District - Raigarh (C.G.) WRITPETmQN UNDER^ARTICLE 226 OF THE CONSTH'm'ION OF INDIA SB: Hon'Me Sin'i Satjsh K. Agnuiotii,.J. Present: Shi-i R.K.Keshanvani, Advocate for the petitioner. Shri Satish Gupta, Govenmieiit Advocate for the State/respondents. (Passed on l3m day of Febroan.', 2008) 1. The petitioner bas tlled this petition undsr Article 226 of tfae Constitution ofladia seeking a direction to the respondeats to reg?.ilarise the services oftl-ie petitioner on the post ofLab Assistaat. 2. The brieffacts, in nutshell, are that the petitioner was appointed as daily wages employee (Lab Assistaat) oa 31.10.1996 (Annexure P/2) for 89 days. Thereafter, the petitioner was regularized on the post of Lab A-ssistant in the regiilar pay scale of Rs. 4,000-6,000/- in accordance with law, vide order dated 01.05.2000 ('Aanexure P/3). I li 60 3. a 'f- 4. Tlie order, regularizingthe services ofthe petitioner was cancelled and tSie services of the petitioner was terminated. vide order dated 31.05.2000 (Amiexure P/5) on the ground that only those daily wages employees were entitled for regiilarization who were appointed prior to 31.12.1988. Later on, by order dated 06.09.2000 (-4anexure P/6) the petitioner v/as intmiated to join his duties on the place and post where he was working. Pursuant to fhe said order dated 06.09.2000, the petitioner is continuing in sa-vice as daily wages employee but no regular wages, as per the pay scale is being paid to the petitioner. Leamed eounsel for the petitioner submits that the. case ofthe petitioner is squarely covered by a decision of a Divisioa Bench of this Court passed in the case ofBhagwat Prasad Yadav Vs. State ofC.G. & Others {2006(1) C.G.L.J. 472} aud he prays that the sunilar order may be passed in the present petition. Leamed counsel appearing for the resoondents/State are riGt in a position to controvert the subniissions as thev are ofthe view that the order imDUgned herein is not iti accordaiice with law. Accordingly, tj^is petition is allowed wife a direction to the respondems to consider senrices of the petitioner for regularization in accordance with the directions given by the Division Bench ofthis Court ia the case ofBhagwat Prasad Yadav (supra). No order asto costs. Annt Sd/- Satish K.Agnihotri Judge