AMENDED WRIT PETITION AMENDED PORTION IS TYPED IN ITALICS PETITIONERS l;^?'^ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR ^OII W.P.(U No.43 Of (SOT2) A :1) Dhaniram Sinha, S/o.Shri Gendlal Singh, aged about 35 years, Occupation Mazdoor R/o. Village Potiya, District Mahasamund (C.G.) :2) Omprakash Patel, S/o.Shri Anandram Patel, aged about 26 years, Occupation Mazdoor R/o. Subhash Nagar, Ward No. 12, Mahasamund, District Mahasamund (C.G.) :3) Bhanuram. Sahu, S/o.Shri Punauram Sahu, aged about 40 years Village, Occupation Mazdoor R/o. Village Hichchha District Mahasamund (C.G.) :4) Piluram Sahu, S/o.Shri F>unitram Sahu, aged about 30 years, Occupation Mazdoor R/o. Village Hichchha, District ,- Mahasamund (C.G.) :5) Santosh Pradhan, S/o.Shri Digbal Pradhan, aged about 28 years Occupation Mazdoor R/o; Village Hichchha, District Mahasamund (C.G.) :6) Bhansingh Sahu, S/o.Shri Hichwa Sahu, aged about 32 years, Occupation Mazdoor R/o. Village Hichchha, District Mahasamund (C.G.) :7) Dharam Singh Sahu, S/o.Shri Firanta Sahu, aged about 32 year, Occupation Mazdoor R/o. Village Hichchha, District Mahasamund (C.G.) :08) Maniram Sahu, S/o.Shri Hemlal Sahu, aged about 35 years, 'Occupation Mazdoor' R/o. Village Hichchha, District Mahasamund (C.G.) :09) Gautam Sahu, S/o.Shri Khelram. Sahu, aged about 36 years, Occupation Mazdoor R/o. Village Hichchha, District Mahasamund (C.G.) ; 10) Gourahari Tandi, S/o.Shri Moti Tandi, aged about 33 years, Ward No. 7, Mahasamund, District Mahasamund (C.G.) 11) Nandkumar Sahu, S/o.Shri Punitram Sahu, aged about 28 years, Occupation Mazdoor R/o. Village Hichchha, District Mahasamund (C.G.) ; 12) Ihdal Sahu, S/o.Shri Hirdayram Sahu, aged about 35 years, Occupation Mazdoor R/o. R/o. Village Bhaleser, District Mahasamund (C.G.) : 13) Kuleshwar Sinha, S/o.Shri Purushottam Sinha, aged about 36 years, Occupation Mazdoor, R/o. R/o. Village Bhaleser, District Mahasamund (C.G.) 0$ 14) Narayan Patel, S/o.Shri Budhram Patel, aged about 30 years, Occupation Mazdoor, R/o. Village Mama- Bhancha, District Mahasamund (C.G.) 15) Hemant Kumar Sahu, S/o.Shri Narayan Sahu, aged about 28 years, Occupation Mazdoor R/o. Village Khatti, District Mahasamund (C.G.) 16) Naresh Kumar Patel, S/o.Shri Narayan Patel, aged about 29 years, Occupation Mazdoor R/o. Village Khatti, District Mahasamund (C.G.) 17) Ghanshyam Chandrakar, S/o.Shri Nand Kumar Chandrakar, aged about 22 years, Occupation Mazdoor R/o. Ward No. 21, Mahasamund, District Mahasamund (C.G.) 18) Dharmendra Kosariya, S/o.Shri Sakharam Kosariya, - aged about 35 years, Occupation Mazdoor R/o. Ward No. 24, Mahasamund, District Mahasamund (C.G.) 19) Punitram Dhruv, S/o.Shri Chaituram Dhruv, aged about 40 years, R/o. Village Tumgaon, District Mahasamund (C.G.) (^) ;20) Omcharan Dhruv, S/o.Shri Indaru Dhruv, aged about 31 years, Occupation Mazdoor R/o. Village Hichchha, District Mahasamund. (C.G.) ,21) Ramanand Ragat, S/o.Shri Devguru Jagat, aged about 45 years, Occupation Mazdoor R/o. Ward No. 22, Mahasamund, District Mahasamund (C.G.) ,22) Sukhelal Bhalekar, S/o.Shri Madanlal Bhalekar, aged about 35 years, Occupation Mazdoor R/o. Ward No. 21, Mahasainund, District Mahasamund (C.G.) ;23) Ravikumar Beldar, S/o.Shri Bagasram Beldar, aged about 24 years, Occupation Mazdoor R/o. Ward No. 23, Mahasamund, District Mahasamund (C.G.) :24) Dinesh Yadav, S/o.Shri Anandram. Yadav, aged about 23 years, Occupation Mazdoor R/o. Ward No. 24, Mahasamund, District Mahasamund (C.G.) :25) Pannalal Sahu, S/o.Shri Sakharam Sahu, aged about 30 years, R/o. Village Labhra, District Mahasamund (C.G.) 26) Firturam Khadiya, S/o.Shri Purshottam Khadiya, aged about 29 years, Occupation Mazdoor, R/o. Village Kona, District Mahasamund (C.G.) :27) Shankar Lal Khadiya, S/o.Shri Purshottam Khadiya, aged about 27 years, Occupation Mazdoor, R/o. Village Kona, District Mahasamund (C.G.) :28) Roshanlal Dhmv, S/o.Shri Khorbahra Dhruv, aged about 28 years, Occupation Mazdoor, R/o. Village Kona, District Mahasamund (C.G.) :29) Ishwarlal Patel, S/o.Shri Bahrulal Patel, aged about 29 years, Occupation Mazdoor, R/o. Village Kona, District Mahasamund (C.G.) :30) Vijay Kumar Pradhan, S/o.Shri Ranjit Pradhan, aged about 20 years, / Occupation Mazdoor R/o. Ward No. 21, Mahasamund, District Mahasamund (C.G.) :31) Dilip Chouhan, S/o.Shri Sonuram Chouhan, aged about 30 years, Occupation Mazdoor R/o. Mahasamund, District Mahasamund (C.G.) ;32) Rahul Vishwakarma, S/o.Shri Munnalal Vishwakarma, aged about 21 years, Occupation Mazdoor R/o. Ward No. 13, litl Mahasamund, District Mahasamund (C.G.) :33) Kishun Sahu, S/o.Shri Kaliram Sahu, aged about 33 years, Occupation Mazdoor R/o. Ward No. 04, Mahasamund, District Mahasamund (C.G.) 34) Punam Yadav, D/o. Shri ...Yadav, aged about 30 years, Occupation Mazdoor R/o. Ward No. 04, Mahasamund, District Mahasamund (C.G.) :35) Naresh Sahu, S/o.Shri Shantiram. Sahu, aged about 30 years, Occupation Mazdoor R/o. Ward No. 01, Mahasamund, District Mahasamund (C.G.) RESPONDENTS :1) :2) VERSUS State of Chhattisgarh through the Secretary, Urban Development Department, DKS Bhawan, Mantralaya, -Raipur (C.G.). The Municipal Council Mahasamund through Chief Municipal Officer, Mahasaraund, District Mahasamund (C.G.) WKIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA 1. PARTICULARS OF THE PETITIONER: - As stated above in the Cause Title. —7S 'S^Sf •^WM<^, 0'fll'M'Kc, Iqcll'yy .__ t0-f-^-).^o.^3//l 411HMI g,^^--------- ••—••—"r-—^ 200 sn^i Traq? (1ipf35T^tf) an^tw W[* ^TSTT 3TT^?T'g?tri^T TOnw^feiw^i SB: Hon'bie Shri Wianindra Mohar 11-05-2011 Shri H.B. ^rawal, Senior counsei for the petitioners. Shri A.V. Shridhar, Panel Law _^: This petiUon has beeti filed by) their services may be terminated petitioners have atso assaited validilv P/4) by wiich, the State Govemmerl: responsibte officers in the matter of| counsel submits that the petitioner^ since long and they are entitled foi) their services are terminated, the au| by paying them appropriate compen^ !n support of his contention h^ the case of Dhaniram and others.l Manikpuri and others, W.P.(S) No.7 This petiUon has been flled oi( could not show that any order has services of the petitioner or any entitied for regularisation or any ord^ petitioners. IT the petitionere claim raise appropriate claim before the r4 in the tight of order dated 5/3108, inj aforesaid decisions in the case of Ql The order (annexure P/4) indicates <:tii<<I<n<<1i ^i*i^ff'^ k^\ •lf^1^1< i|? affilil aii^i Shrivastava.J. pounsei along with Ms. Sarina Khan, ^er for the State/respondent No.1. 1 the petitioners on the apprehension that wjthout foliowing due couree of law. The idily of memo dated 28/09ff010 (Annexure has directed recovery to be macte from [irreguiar appoinnnents. Leamed senior are working as daiiy wage emptoyees regularisation and in fte eventuality, if thority should act in accordance with law tation. relies upon the judgment of this Court in |W.P.(S) No.6798/10 and Virendra Das f4a)/io. 16/12/10. Even Ui! date, the petitionere b^en issued either directing termination of <|>rder declaring ttiat petitioners are not }r for recovery of pay, already pald to tt>e jreguiarisation, it is for the petitioners to jspondents, who may consider the same accordance witti law and in v\ew of the |haniram (supra) and Virendra (suprai. |that the recovery may be made against -^' :..-.?•> ""^ .^ ,.T--~L"^<ihL '''^L ..^: '-s^aasiS'" XI-HC—78 WHcTTsfaW^ ^=T T<iwwt<, ®'ti1'M'i(o,f°<dl-ytj,< (0-P<L)z^o- te/N V^ 200 SiI^TT 'Ta^' (1c<f^«l<^tl) sn^y ^ii Iti-fi* W^ 3TT^?T sn*!)^) Deefrii TCiiw^fitffan^i -^ those officers, who had made irregi perceive directing any recovery froi dallywages. In the opinion of this Court, this Court. The petitioner would be any adverse acUon is taken against tl With the aforesaid observatior chi<lf<'i<fl*i *ii*i<nl' tf f^i<i) <pfl^l< «l?3ifinsii^i jilarappointments. The order does not ti those, vrtio have been appointed on Uliere is no cause of action arises before jrt iiberty to approach this Court, in case, jiem. |s, the petition is finally disposed off. Sd/- Mamndra Mohan Shrivastava Judge 1