wRIT PETITION No.4JL3 OF 2002 BET WEEN C.P.$hrivastava s/o Shri C.K.Shrivastava,aged about 36' years, working as Community Organizer ,Swarn Jayanti Shahari Rojgar Yojna,Raigarh (CG). PETI TIONER 1. “The $tate of whattisgarh, thraugh the Secretary Departnent'of Urban Administration and Develément, D.K.S. Building, RAIPUR. DirectOr, Directorate of Urban Administration and Deva]. 0pm ent, RAI PUR . x Union of India, Through the Director, Urban Planning Administration, Ministry of Urban DeveIOpment, Government of India, NEW DELHI. RESPONDENE wRIT PETITION UNDER ARTICLES 226/227 or THE CONSTITUT ION OF INDIA Particulars o£ the Petitioner As stated in the Cause,Tit1e above. Particulars ‘of the Respondents As stated in the Cause Title above. mmw am WWW ”L { mwmnwm érafaam 17.3.2004 Pgtitioner bv Shri B. D Responckn‘ts No, 1 ané Advocata.‘ Respondent No“) ’3 ‘bV < Uniml of India, Thg pditionsr has Emafi 9f The Cons:itu:ion 0f mdia post of Cammunigr Orgamz Offmm‘) undar the Urban Progremma T}1e Gamma} ( eradicatisn of urban povezfj, funés wsre mack availabis ti 0f Urban Ba$ic S€rviCEtS f0}: Film ,Pmiect m the vear 199 Umon Tem‘izow of Deihi The and wee posted 111 difstrict RE The Directorate 9f U requested the State Govenz staff mcmc‘img the ASSiStallt 1'11 Ehe said letter that the 1112 Central Governmexit. R simi} Secretanr on 1&4. 1995 {A1111 for confemmg E3ez1ef17: of reg persons but 11o regular pew . sale was granted, ti1€1 Guyu, Advecaie. :2 4 by Shri Satish Gupta, Deputy GGVL :rred $1113 pei’ition ullrier Article 226/ ‘22? 0:1 the facie thai he is working 011 “the er {earlier kEOWn 83 ‘Assisrant Pm‘em Basic Sewices for Poor (U. 9C3) E‘ovemment evolved a programme for aed Io impkmellt the sax} programme ; the $tate Governments ouoer the name 1 Poor, {his Scheme waés imgslemented as in Selecied towns 1‘11 21 €[ates and file w gnei‘itiouer was appomied 011 27.5. 19§4 jgarh mu} i3 being paid fixed salafy. :ba11 Weifare yids letter dated 5.7.1994 e211 to saliotion regukir pay scaie to The Proiect Ofiicere. it wae dearl‘.‘ meaiioeed algal assistance is being gremtefl by the 31‘ Eetteywes also written to the Ptmoipai exure P/ Q Ahhough the represeneatious iar pa‘; scale were alreaé‘; made b‘y manly ‘ ‘efore ale Assisrgmt 3hr; Vinav Han'z", Staeding Couasel for WW£twW %61Wa11€¥r .‘ XI-HC-22 ‘Projétct Officsrs pr€f€rr€d WP. 1‘ 4.4.1997 aElowmg Th6 p€tition€: before The authOIities to claim re In pal‘a 5.8 of thé p€t Eimctorate wrotii a later (i3 requesting the Sfate Governmez payment of regular pay scale tz Project OfEicers. The petitioner 11 (Annmexure P,’ 15) dem&ndi31g and l‘egmarizati 11. The petitiom the High Court of Madhya Prack not iransferred to This Court as; State of Madhya Pradesh the} petifion 311d 110w has flied. t1}: /' - ‘ V . Employees working m The STE absorbed aS regular empbyees Pradesh Urban Poverty Alieviatlion (Municipal Adminietration and s. The Governmeilt of Delhi hae also l Citing the eerviees of the employees ‘0. 561i 1996 which was decided on ‘s therein to make a repreSentation gulan'zation. itiom it hae been mentioned that ted 14.12.1995 (Annexure P; 18‘ .t‘ to accom} immeiliate sanction for > the petitiener and other ASsistant Lade a representation dt. 12. 12. 1997 regular pay scale about absorption ‘1‘ earlier preferred a W'm'i’. petition in sh at Jabalpur but said petition was )t‘aer petitioners were working in the efore the petitioner withdrew that pre‘eent petition. Similarly placed te of Andln‘a Pradesh have been 5y training Rules known as Andhra Urban Development) Service Rule paseed order on 6.7. 1998 trans: Working wider ‘ the. Deparnnent. The petitioner has prayed : No. 1 and 2 may be commandet the services of- the petitioner oi regular pay scale from the date o: n this petition that the Respondents , by issuing writ to forthwith absorb . regular cadre, grant seniority and f his appointment. W ............................. ........ Programme to the Urban Development s XI~HC-22 $2 wPHi'2/ mam Waiam Wm Thakur I haw h€ard lsanled co unsel for me parties. ‘ LEanmd counsd for $136 psfitioner submits that. Th6 petixiouer may b6 allowed to make further mpmsamation to the Respondents No. 1 311d. 2, and th€ ra'Spcndants N0. 1 a11d '2 may ‘96 directed i0 decide that representation considering ali the gyievamces of the Ezefitioner, i0 which learned C‘Duzlsei for the State has no objection Having hearii learned counsel for the pari’ies mid having regard {o the fasts anc1 Circumstallo‘es of the case the yetifioner is aEowed to ,.make a Cietailed representaii‘m to the Respondent No. 1 221161 2 Within a period of 10 days from today $1151 in turn the Responéent No. 1 and Wm decide the representation Within a further perioé of 3O days considering all the. poin’s raised by the. petitioner in the reoresentation: by passinga reasoned order in accordance with 1 at with the above ob servations this petition is disposed of fmally. Consequently i it A. ctisposed of. ‘2 No. 478j2oo4 amt 650,!2004 sexed Parties are entitied for ceitified copy of thie ortie [new r.