€- .:]. CF0060148781 THIS AMENDED PETTION IS BEING FILED AS PER COURT ORDER DATED 29.04.2005. IN THE HIGH COURT^F CHHATTISGARH AT BILASPUR (C.G.) WRIT PETITION N0. 2555/2003 PETITIONERS. I / ^ ^r' RESPONDENTS VERSUS 1. 2. 3. 4. Ishwarlal Choudhari S/o Shri Thaii Singh Choudhari aged about 33 years, Peon Govt. Higher ^gcondary School Chhal, Dist. Raig^r, Resident of ViUage-Mudinar, Post-Jarekela, via- Tamnar, Tahsil& Dist.-Raigarh (C.G.) State ofChhattisgarh, Througli Secretary Triable Welfare Department D.K.S.Bhawan Raipur {C.G.} The Coiiimissioner triable welfare department D.K.S. Bhawan Raipur (C.G.) The additional commissioner traible welfare department Raigarh, Dist.- Raigarh (C.G.) The principal Govt. Higher Secondary School Chhal, Dist. Raigarh (C.G.) WRIT PET5TION UNDER ARTICLE 226/227 OF THE COUNSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN NATURE OF CEERTIORARI. MAINDAMUS, PROHIBITION AND OTHER SUITABLE WRIT OR WRITS. DIRECTION OR DIRECTIONS. ORDER OR ORDERES: \;\ ^ HIGH COURT OF JUDICATURE CHHATriSGARH: BILASPUR Sin^e Bench: Hon^ble SIiri Satish K. Agnihotrt, J. W.P. No^25S5 of 2003 Petitioner : Ishwarlal Choudhari Vereus Respondent : Stete of Chhattisgarh & ofhere Shri R. S. Patel, Advocate for the petitioner. Shri V. V. S. Moorthy, Depiity Advocate General wifh Shn Arun Sao, Govt. Advocate for fhe respondents. ORDBR (20tte November, 2006) 1. The petitioner has filed this petition under Article 226/227 offhe Constitution of India seeking a direction to fhe respondents to regulartee fhe services of fhe petitioaer on the post of Peon (Chowkidar), 2. The brieffacte, in nutshell, are that the petitioner was appoiated as daily wages employee 011 29/1.1990 (Anaex. P/12) for 89 days. Thereafter fhe petitioner was appointed on 20.11.1992 (Aiinexure P/l) agamst fhe vacaat post ofPeon (Chowkidar) m the regular pay scale. of Rs. 7^)-945, in accordance wifh law on flie basis of recoinmendation of fhe screening coniraiittee aiid he was posted at Adiwasi Ashram Pandripani Block Gorela (Pendra), BUaspur. Vide order dated 5.7.1998 (Annexure P/3) tfae petitionerwas transfeiTed to Middle School Chhal, Block Dharmja^arh, Raigarh. The services of the petitioner was confirmed on rcgular post which is evident from the oider dated 31.7. 1998 (Annexiu^ P/4). ^ 1: ThakLir 3. The order, rcgularizuig services offhe petitioiierwas caaceUed vicle order dated 20.8.1998(Annexus'e P/5) on tUe ground fhat onty those daily wages employees were entitled for regiilarization who were appomted prior to 31.12.1988. Thereafter, vide oider dated 31.5.2000 (Aniiexure P/6) flie petitioner was teniiuiated froni service. Later on by order dated 6.9.2000 (Amiexure P/7) the petitioner was intiraated to joui his duties 011 fhe place and post where he was working. Pursuaiit to the said order dated 6.9.2000 fhe petitioner is contintiing in service as dafly wages employee but no rcgular wages, as per the pay scale is being paid to fhe petitioner. 4. Leanied coiiiisel for tlie petitioner subniits fhat the case of fhe petitioner is squarely covered by a decision of a Division Bench of tliis Court passed m the case of Bhs®iyatPrasad Yadav Vs. State of C.G. & others (2006 (1) C.G.L.J. 472} aud he prays that the similar order xnay be passed ui the present petitiou. Leanied counsel appearing for tlie respondents/State does not dispiite the subniission niade by leanied coiinsel for tiie petitioner. 5. Accordiagly, this petition is allowed wifh a directiou to the respondeats to rcgulari^e fhe services of fhe petitioaer iu accordaiice wifh fhe du^ections given by Division Bench of fhis Court iti fhe case ofBhagwat Prasad Yadav (Supra), No order as to costs. Satish K. Agnihotri Judge