1

AFR

HIGH COURT OF CHHATTISGARH BILASPUR

WPS No. 6057 of 2014

Yamal Singh Mogre, S/o Shri Mohan, Aged About 44 Years,

Presently Posted as Safaiwala (wrongly mentioned as part time in

the memo of original application) R/o Sindhi Colony, Kasturba Nagar,

Bilaspur, Chhattisgarh, 495001.

---- Petitioner

Versus

1.

Union of India Through the Secretary, Ministry of Labour and

Employment, Shram Shakti Bhawan, New Delhi, 110028.

2.

Director General of Mines Safety, Head Office, Directorate of

Mines Safety Hirapur, Dhanbad Jharkhand, 826001.

3.

Director Mines Safety Seminary Hills, C.G.D. Complex, 6th

Floor, Western Zone, Nagpur, Maharashtra, 440006.

4.

Director of Mines Safety, Bilaspur Region, Bilaspur,

Chhattisgarh, 495001.

---- Respondents

(Cause-title taken from Case Information System)

For Petitioner

: Mr. Rahul Kumar, Advocate

For Respondents No.1

: Mr. Bhupendra Pandey, Central

Government Advocate

Date of hearing

: 29.06.2022

Date of order

: 17.08.2022

Hon'ble Shri Arup Kumar Goswami

, Chief Justice

Hon'ble Shri Parth Prateem Sahu, Judge

C A V Order

Per Parth Prateem Sahu, Judge

Petitioner aggrieved by an order of dismissal of his Original

Application No.126 of 2010 dated 06.08.2014 as also dismissal of his

Review Application No.203/00088/2014 vide order dated 01.10.2014 has

preferred this writ petition seeking following reliefs :

2

“i.

To kindly call for the records of the case

from the respondents.

ii.

To kindly set aside the order dated

06.08.2014 (Annexure P/1) and 01.10.2014

(Annexure P/1-A) passed by the Central

Administrative Tribunal.

iii. To kindly direct the respondents to consider

the case for grant of temporary status to the

applicant as per the Casual Labourers (Grant

of Temporary Status and Regularization)

Scheme, 1993 and regularization on the post of

Safaiwala.

iv. To kindly make any other order that may be

deemed fit and just in the facts and

circumstances of the case including awarding

of the costs to the petitioner.”

2.

Facts relevant for disposal of this writ petition, are that, petitioner

has filed original application before Central Administrative Tribunal,

Jabalpur Bench, Circuit Sitting, Bilaspur (in short 'CAT') pleading therein

that petitioner was appointed as casual Safaiwala on 18.07.1989 in the

office of Director of Mines Safety, Bilaspur through Employment

Exchange. Petitioner was appointed as Safaiwala on 06.12.1989 vide

3

memo dated 23.03.1990. He joined his service on 01.06.1990 and was

paid sweeping and cleaning charge at the rate of Rs.390/- per month.

Office of Mines Safety, Bilaspur received communication from the office

at Dhanbad for regularization of casual labourers. In the year 2002,

Deputy Director General of Mines Safety, Western Zone, Nagpur sent a

letter to Director General of Mines Safety, Dhanbad on 12.10.2002

requesting for sanction of the post of Chowkidar and Safaiwala. Pending

consideration for sanction of post, judgment of Hon'ble Supreme Court in

case of Secretary, State of Karnataka and Others v. Umadevi (3)

and Others reported in (2006) 4 SCC 1 was passed, but even then, no

action whatsoever was taken by the respondents to regularize the service

of petitioner. Respondent No.2 wrote a letter to respondent No.4 on

03.03.2009 asking for proposal for outsourcing of the work. Petitioner

made representation to respondent No.2 and respondent No.4 and also

sent reminder for his regularization, but even after his long continuous

service as a daily wager or part-time worker, his service was not

regularized, overlooking the fact that he was appointed against regular

post and prayed for following reliefs : -

“8.1 To kindly call for the records of the case

from the respondents.

8.2 To kindly direct the respondents to consider

the case of the petitioner for regularization in

the post of Safaiwala.

4

8.3 To kindly grant any other relief deemed fit

and just by this Hon'ble Cou