SURESH KUMAR KAUSHIK Vs. STATE OF CG

JUDGEMENT

(1.) The petitioner by way of this petition under Article 226 of the Constitution of India is challenging the orders dtd. 30/7/2013 and 2/8/2013 whereby the respondent authorities rejected the representation of the petitioner regarding regularization of his services and seeking direction to the respondents to consider his representation for regularization on the post of Chowkidar pursuant to the circular dtd. 5/3/2008.

(2.) Briefly stated, case of the petitioner is that the petitioner was appointed as a daily wager on the post of Chowkidar on 25/5/1982 in Kanan Pendari and when it became Zoo, the petitioner worked as Chowkidar in the Zoo. The petitioner submitted an application to the respondent authorities for regularizing him on the ground that the Scrutiny Committee earlier sent his name for regularization vide list of daily wagers annexed with letter dtd. 6/8/2011 of Annexure P/3 in which the petitioner's name appears at Sl.No.38. Though the respondents have regularized the other similarly situated persons on a regular pay scale who are even junior to the petitioner but his claim has been rejected. Aggrieved by their action, the petitioner filed a writ petition i.e. WPS No.5012/2012 in which this Court vide order dtd. 7/11/2012 directed the respondent authorities to finalize the matter within an outer limit of three months from the date of receipt of copy of the order. Accordingly, the petitioner moved a representation on 19/12/2012 and thereafter, vide letter dtd. 13/2/2013, he was directed by respondent No.2 to appear on 14/2/2013 alongwith all the certificates before the office of Forest Division, Bilaspur. Further, vide letter dtd. 15/2/2013 the petitioner was directed to appear on 20/2/2013 with all the relevant certificates before the Forest Division Office, Bilaspur.

(3.) Learned counsel for the petitioner submits that the action of the respondent authorities is illegal, arbitrary, discriminatory in nature and also violative of principles of natural justice and Articles 14, 15 and 21 of the Constitution of India. Admittedly, the petitioner is working as a daily wager on the post of Chowkidar from 25/5/1982 and therefore, as per circular dtd. 5/3/2008 of the State Government, he is entitled for regularization on the said post. Some of the daily wagers have already been regularized by the respondents. The respondent authorities wrote a letter mentioning therein that there is a vacant post against which the petitioner is working as Chowkidar and he fulfills all the requisite qualification for the said post also. The petitioner's appointment was not illegal and the department recommended his name for regularization but the respondent authorities rejected his claim. For all these reasons, the impugned orders dtd. 30/7/2013 and 2/8/2013 are liable to be set aside and the respondent authorities be directed to regularize the services of the petitioner as per Circular dtd. 5/3/2008. Reliance has been placed on the decision of the Hon'ble Supreme Court in the matter of Secretary, State of Karnataka and others Vs. Umadevi and others, 2006 AIR SCW 1991.