WWW? C/g; ¢66u } IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR w.P.(S) N0. Q69 /2o11 ($3.1 PETITIONERS /:1. Hemant Kumar S/o Shri Udaybhan, aged about 41 years, Caste— Kalar, R/o Azad Nagar, P.O.- Sarvamangala Nagar (Durpa), RS.- Kusmunda, Tahsil—Katghora, Distt.-Korba (C.G.). / 2. Rameshwar 'S/o Shri Malesh, Caste-Gond, aged about 43‘ years, R/o Darri, P.O.- Vijaypur, P.S. —Takhatp1_,1r, Tahsil— Takhatpur, Distt.— Bilaspur (C.G.). /3. Shanker S/o Shri Muniram, Caste-Ahir, aged about 38 years, R/o- Nunera, P.S’ 8a Tahsil— Pali, Distt.—Korba (C.G.). Ramzan S/o Shri Ahmed _Ali Khan, aged about 42 years, R/o —Kuchena, P.O.— Bhairotal, P.S.— Kusmunda, Tahsil— Katghora, Distt.—Korba (C.G.). 5. Jogendar S/o Shri Sant Prasad, caste — Kurmi, aged about 4O years, R/ o— Mohariyamunda, P. O. — Mudhali, P.S.- Kusmunda, Tahsil- Katghora, Distt. —Korba (C. G.). /2~» W g K17 /6. Ramlal S/o Shri Dayaram, aged about 39 years, Caste— Yadav, R/o— Murli, Via— Hardi Bodhram, aged about 40 years, Caste- Yadav, R/o- Litiyakhar, 3 P.o.- Tiwarta, Rs. & Tahsil— Pali, Distt.—Korba (C.G.). ‘ Dilesh S/o Shri Lagnu, Caste— Catel, aged about 36 years, R/o Reki, P.O.- Chainpur, P.S.—' Dipka, Tahsil- Pali, Distt.- Korba (C.G.). Firtulal S/o Shri Dukaluram, Caste— Patel, aged about 39 R/o Reki, P.O.— Chainpur, P.S.— Dipka, Tahsil— Pali, Distt.-Korba (C.G.). Nandlal I S/o . Shri Shyamsunder, aged about 33 ,years, Caste— Patel, R/o Reki, -P.O.— Chainpur, P.S.- Dipka, Pali, Distt. —Korba years, 10. 11. Tahsil— (C.G.). Mayaram S/o Shri Chamaru, aged about 37 years, Caste- Patel, R/ o Reki, 13.0.- Chainpur, P.S.- Dipka, Tahsil— Pali, Distt.—Korba (C.G.). Bazar, P.S. 8r, Tahsil— Pali, Distt.-Korba (C.G.). Bhaiyyaram S/ o Shri K3? / 12. /’13. 15. 16. 17. Deshilal S / o Shri Sudhwar, aged about 39 years, Caste— Patel, R/o Reki, P.O.- Chainpur, P.S.— Dipka, Tahsil— Pali, Distt.—Korba (C.G.). Suresh S/o Shri Lakhanlal, aged about 26 years, Caste— Patel, R/o Reki, P.O.— Chainpur, P.s.- Dipka, Tahsil— Pali, Distt.—Korba (C.G.). Ramprasad S/o Shri Nathuram Rathore, aged about 33 years, R/o Reki, P.O.— Chainpur, P.S.- Dipka, Tahsil- Pali, Distt.~ Korba (C.G.). Mathura Prasad S / o Jagannath Shriwas, aged about 44 years, R/o Village— Nargoda, P.O’.—Nargoda, P.S.— Seepat, Tahsil—Masturi, District—Bilaspur (C.G.). Horilal S/o Shri Ramsari, aged I about- 43 years, R/o— Village Bhilaikhurd No. 1 , P. O . ~ Manikpur Colory, P.S.— Urga, Tahsil & District— Korba (C.G.). Sitaram S/o Shri Cheduram aged about— 43 years, Caste— Patel, R/o- Village Bhilaikhurd No.1, P.O.—Manikpur Colory, P.S.— Urga, Tahsil 8n District— Korba (C.G.). g‘bxyzvag7% gpr) »18. Rathbai W/o Shri Pasidhiya, Caste- Kenwat, aged about— 41 years, R/o— Village Manikpur, P.O. 85 P.S.— Manikpur, Tahsil 85 District- Korba (C.G.). Shri Horilal, aged about-4O years, R/o- Village Manikpur, P.O.- Manikpur Colory, Tahsil 8r, District— Korba (C.G.). Shri Caste—Kunvar, aged Dasmati W/ o Patel, Caste- Santram S/o Dharam Singh, R/ o Village Dadrkhurd, P.O. Dadarkhurd, P.S.— Manikpur Colory, Tahsil 8t, District— Korba (C.G.). about-49 years, 21. Jeevanlal S/o Shri Ganesh, Caste-Kenwat, aged about-35 years, R / o-Village Bhagat Singh Colony, P.O.- Subhash Block, P.S.— Manikpur, Tahsil 85 District- Korba (C.G.). Gopal Das S/o Shri Dharam 22. Das Vaishnava, aged about 34 J; Village years, R/o CSEB Colony 5.F 736, P.O.-Kasabadi, P.S.-Rampur, Tahsil & District- Korba (C.G.). Jethuram Chheduram, aged about- S / o Shri CasteiKenwat, R/ o 48 years, Village Imalikhar, P.O. 85 RS.— Kusmunda, Tahsil—Katghora, Distt.—Korba (C.G.). gyA/Q’W RESPONDENTS Lakhanlal S/o Shri Mangal Singh, Caste—Patel, aged about— 32 years, R/o— Rail Dabari, P.O.—Utarda, P.S.- Pali, Tahsil— Katghora, Distt.-Korba (C.G.). Dwarika Singh S/o Shri Mangal Singh, Caste— Rajput, aged about—39 years, P.O.— Jhavat, P.S.— Lormi, Tahsil— Lormi, District—Bilaspur C. G.). VERSUS 25. /3. Shankar Nagar Road, Shankar Nagar, Raipur, Distt.— Raipur (C.G.). The Managing Director, Chhattisgarh State Forest Development Corporation Limited, Raipur (C.G.). The Regional General Manager, Chhattisgarh State Forest Development Corporation Limited, Bilaspur, Distt. - Bilaspur (C.G.). Kyle/5 L/ ( % ‘ /. 1. State of Chhattisgarh, Through— the Secretary, Department of Forest, Mantralaya, D.K.S. Bhawan, Raipur [C.G.). / 2. Chhattisgarh State Forest Development ‘ Corporation Limited Through— the Manager (Administrative) ‘ Head Ofiicev Lokash Plaza, KN /5. The Divisional Manager, Industrial Tree Plantation Division Korba (C.G.) Prachin Gupha Ram Janki Mandir, Sitamani Station Road, Korba, Distt.— Korba (C . G .) . WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA HIGH COURT OF CHHATHSGARH : BILASPUR (Writ Petition under Articles 226 of the Constitution of lndia) Single Bench : Hon’ble Shri Satish K. Agnihotri, J. Present:— Shri D.R. Sharma, Sr. Advocate with Shri B.D. Badgayan, Advocate for the petitioners. Shri Y.S. Thakur, Dy. Adv. General for the State. ORDER (ORAL) (Passed on this 26‘“ day of April, 201 1) Heard learned counsel for the parties. By this petition, the petitioners seek quashment of the order dated 11-1-2001 (Annexure — P/1) and also seek a direction to the respondent-authorities to consider the case of the petitioners for regularization of the services of the petitioners. Learned counsel appearing for the petitioners submits that the petitioners were working in the respondent department on contract basis as daily wagers since 1-1-1989 to 31-12—1999 without any break, but till date their services have not been regularized. Even the State Government has also by its letter dated 5—3—2008 directed all the departments to regularize the services of daily wagers, even then also no action has been taken by the respondent authorities to regularize the services of the petitioners. Being aggrieved by the aforesaid action of the respondent uthorities, the petitioners preferred a writ petition before this Court being W.P. (S) No.5228 of 2010, which was disposed of on 13-9-2010 with a liberty to the petitioners to make a representation before the respondent authorities. Pursuant to the said order, the a WRIT PETITION (S) NO‘2156 OF 2011 PETITIONERS Hemant Kumar & Others Versus RESPONDENTS State of Chhattisgarh & Others petitioner submitted a representation on 27-9-2010, which was dismissed by order dated 11-1-2011 without considering the grievances of the petitioners in its letter and spirit. Thus, this petition. 5. Per contra, learned counsel appearing for the State submits that the petitioners were not appointed in accordance with the constitutional scheme of employment. 6. lt is evident that the petitionerswere not appointed in accordance with the constitutional scheme of employment, as without any advertisement or examination or interview, the appointments were made. The appointment of the petitioners was purely on temporary basis on daily wages. 7. Be that as it may, the daily wager cannot claim regularization, continuance or reinstatement in service on the basis of appointment, which was temporary and not in accordance with law and de hors the constitutional scheme of employment. (See Secretary, State of.‘ Karnataka and Others vs. Umadevi (3) and Others1, Indian Drugs & Pharmaceuticals Ltd‘ v. Workman, /ndian Drugs & Pharmaceuticals Ltd? and Official Liquidatorrv. Dayanand and othersa). 8. In a catena of decisions, the Supreme Court has considered the issue and held that the appointments made de hors the constitutional scheme of employment as illegal. In para 53 of the judgment rendered by the Supreme Court in Umadevi (3) (supra), it is clearly stated that the Union of India, the State Governments and their instrumentalities. should take steps to regularize as a one~time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts. In that event, , (2006) 4 scc 1 2 2007 (1) scc 408 ~ Mr 3 (2008) 10 scc 1 only the irregularly appointed persons, who have worked against the sanctioned posts, may be considered for regularization, not the illegal/y appointed employees. 9. The contention of the petitioners that the State Government by its letter dated 5~3-2008 directed all the departments to regularize the services of daily wagers is concerned‘ the same is also noticed to be rejected. as in Umadevi (supra), the Supreme Court observed that “those decisions which run counter to the principle settled in this decision, orin which directions running counter to what we have held herein, wi/I stand denuded of their status as precedents." Thus, reliance of the petitioners on the letter dated5-3-2008 issued by the State Government is of no assistance. 10. The above ratio laid down by the Supreme Court has been reiterated by this Court in Ashwani Kumar Verma & Others ,v. State of Chhattigarh & Another". This Court in Sanjay Patil v. State of Chhattisgarh & Another5, while dealing with similar issue observed that “if'the State Govemment has regularized some of the daily wagers, not appointed in accordance with the constitutional scheme of employment, this Court cannot issue a positive direction to legalise the illegal appointment on the ground that certain illegal appointments have been legalized/regularized by the employer". K 12. Applying the well settled principles of law to the facts of the present case and for the reasons mentioned hereinabove, the writ petition, being devoid of merit, is liable to be and is hereby dismissed. Sdl- Satish K. Agnihotri i Judge . Gowri 4 WP (S) No.1743 of 2009 decided on 28-4-2009 5 WP (S) No.5845 of 2009 decided on 9-10—2009 l