SANJAY KUMAR SHRIVASTAVA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the petitioner impugns the order dated 6-10-2003 (Annexure P-17), whereby the representation of the petitioner for regularisation of his service on the post of Sub-Engineer in the Public Works Department has been rejected by respondent No. 2 - Engineer-in-Chief, Public Works Department, Raipur. The petitioner seeks quashing of the impugned order dated 6-10-2003 (Annexure P-17) and absorption and regularisation of his services on the post of Sub-Engineer in the Public Works Department from the date of his initial appointment or with effect from the date his juniors have been regularised, with all consequential benefits.

(2.) The indisputable facts in brief are that the petitioner was serving in the Public Works Department as daily wager Sub-Engineer. He was initially appointed and posted at Jashpur by order dated 2-5-1990, but later on, by order dated 21-5-1990 (Annexure P-1), the appointment order dated 2-5-1990 was modified and his posting was changed from Jashpur to Ambikapur and he was permitted to join his duties till 28-5-1990. The petitioner served as daily wager Sub-Engineer in the Public Works Department from 22-5-1990 till 31-3-2000.

(3.) The petitioner represented for regularisation of his services on the post of Sub-Engineer in the Public Works Department. Thereafter, in the year 1995, he approached the State Administrative Tribunal by filing an original application, being Original Application No. 2281 of 1995, for regularisation of his services on the post of Sub-Engineer in the Public Works Department. Original Application No. 2281 of 1995 was disposed of vide order dated 17-1-1997 (Annexure P-2) directing the respondent-State to constitute a Screening Committee to consider the suitability of the petitioner for regularisation of his services on the post occupied by him. The Screening Committee, by its minutes/report dated 19-5-1998 (Annexure P-3), rejected the suitability of the petitioner on the ground that the petitioner was appointed after 31-12-1988, as, on the basis of the memorandum of the General Administration Department of the State Government dated 11-11-1997, services of only those daily wager Sub-Engineers can be regularised who were appointed by 31-12-1988.