SANJAYA KUMAR SHRIVASTAVA Vs. STATE OF C.G.

JUDGEMENT

(1.) The petitioner has filed the present writ petition under Article 226 of the Constitution of India challenging the order dtd. 26/2/2022 (Annexure P/1) passed by the Under Secretary, Public Works Department, Government of Chhattisgarh by which the petitioner's representation has been rejected.

(2.) Brief facts of the case are that on 21/5/1990 the petitioner was appointed on the post of Sub-Engineer as daily wages employee in Public Works Department by the erstwhile State of Madhya Pradesh and was posted in the District Ambikapur. On 5/12/1995. The erstwhile State of Madhya Pradesh has issued direction for removal of daily wage employees who were appointed after 31/12/1988. Accordingly, directions were issued for termination of services of the petitioner. The petitioner has challenged the same by filing Original Application before the learned State Administrative Tribunal (in short "SAT") and the learned Tribunal has granted interim protection to the petitioner. This order was challenged by the State in filing WP No. 1432/1997. The Hon'ble Division Bench of M.P. High Court has dismissed the petition as not maintainable and finally the learned SAT has disposed of the petition on 17/1/1997 by granting similar relief to the petitioner and his case has to be examined by the Screening Committee. It has also been directed that if the Committee finds that the petitioner is suitable for this post in all respects he shall be regularized on the post held by him and shall pay the salary on regular scale. It is pertinent to note here that against the said order, State Government approached the Hon'ble High Court of Madhya Pradesh in WP 1432 of 1999 which was dismissed by the Hon'ble High Court vide its order dtd. 23/6/1999. It is submitted that the aforesaid order passed by the learned SAT dtd. 17/1/1997 had attained finality as the same remains unchallenged till date.

(3.) The said order has not been complied by the respondents, but his services were terminated on 1/4/2000 despite the circular dtd. 14/2/200, 26/2/2000 and 3/4/2000 issued by the erstwhile State of Madhya Pradesh to reinstate the daily wage employees who have been appointed after 31/12/1988 and also directed to constitute a committee for screening and to inquire their suitability with regard to their post as per the direction of the learned SAT as well as High Court of Madhya Pradesh passed in Misc. Petition No. 608/2000 and Misc. Petition No. 842/2000, but the case of the petitioner neither for reinstatement nor regularization has been considered which has necessitated the petitioner to file various litigations before this Court. The details of various litigations and orders passed by this Court are given in tabulation form as under: <IMG>JUDGEMENT_21_LAWS(CHH)12_2024_1.jpg</IMG>