N.C. DAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has called in question the legality, validity and the propriety of the order impugned dtd. 19/9/2008 (Annexure-P/6) passed by the respondent No.2 cancelling his regularization order dtd. 13/8/2008 (Annexure-P/1, by which the petitioner was regularized on the post of Assistant Grade-III by the respondent No.2.

(2.) Mr. Surana, learned counsel for the petitioner, would submit that though the petitioner was daily wager employee, he was working on the post of Tracer, but his services were not regularized on the said post. On 13/8/2008, the petitioner was appointed on the post of Assistant Grade-III by the respondent No.2 after following the due process of law, but that order has been directed to be withdrawn by the impugned order dtd. 19/9/2008 (Annexure-P/6) passed by the respondent No.2 itself without affording proper opportunity of hearing to the petitioner, which is in violation of principles of natural justice and in teeth of the decision rendered by the Supreme Court in the matter of Rajnish Kumar Mishra and others vs State of Uttar Pradesh and others, (2019) 17 SCC 648.

(3.) Learned State counsel would support the impugned order and submit that the petitioner was regularized on the post of AG-III but his regularization was not in accordance with law, therefore, that order has been withdrawn by the impugned order dtd. 19/9/2008 (Annexure- P/6).