Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:14212
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1975 of 2025 1 - Moti Ram Sahu S/o Shri Jageshwar Prasad Sahu Aged About 45 Years Presently Posted As Training OfÏcer, Trade- Computer Operator And Programming Assistant (Copa), Posted At Govt. Industrial Training Institute (I.T.I.), Bastar, Distt. Bastar (C.G.), Permanent R/o Government Iti Colony, Bastar, Distt. Bastar (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Skill Development Technical Education And Employment, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt. Raipur (C.G.) 2 - Director Directorate Of Employment And Training, Indrawati Bhavan, Naya
Raipur
Atal
Nagar,
Distt. Raipur
(C.G.) 3 - Joint Director Directorate Of Employment And Training, Divisional OfÏce, Jagdalpur, Distt. Bastar (C.G.) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.03.27 17:18:03 +0530
2 4 - Principal Government Industrial Training Institute, Bastar, Distt. Bastar (C.G.) 5 - Shubham Thakur S/o Ganga Ram Thakur R/o H.No. H-7 Ward No. 6, Iti Colony, Bastar, Distt. Bastar (C.G.)
... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Kishore Narayan, Advocate. For Respondent(s) : Shri Saumitra Kesharwani, Panel Lawyer. Hon'ble Shri
Bibhu Datta Guru
, Judge
Order on Board 25.03.2025
1. The petitioner presently posted as Training OfÏcer trade- Computer Operator and Programming Assistant (COPA) posted at Government Industrial Training Insitute Bastar ITI District Bastar is questioning the order (Annexure P/7) dated 21.01.2025, by which the regular posting of respondent no. 5 Shubham Thakur has been made on the post in which the petitioner is working as Guest Faculty /Trainer (COPA). 2. Learned counsel for the petitioner submits that the impugned order is amounts to the order of termination and the petitioner has completed 15 years as Guest Faculty fulfilling all the qualification prescribed for the said post, however, before issuance of the impugned order by which the petitioner has been replaced by
3 respondent no. 5, the same has been issued without observing the principles of natural justice and no opportunity of hearing was afforded before issuance of the said order. 3. Learned counsel for the State submits that the petitioner is a guest faculty who was appointed as a guest faculty and he was not regularized in the said post, the appointment of petitioner is temporary in nature. .
He refer the scheme guidelines on the basis of which the guest faculties are being appointed dated 12.03.2019 (Annexure P/8) Clause 7 where it has been provided that in case of transfer and regular appointment the service of guest faculty will be come to an end automatically. 4. I have heard learned counsel for the parties and perused the pleadings of the petitioner as well as the guidelines of the Directorate of Employment and Training (Annexure P/8) dated 12.03.2019, where it has been specifically provided that in case of regular posting, the service of guest faculty will be come to an end automatically. The relevant provision of the said guidelines reads as follow:-
“7. शासन ्ቛारा निनयनि त/स्थानांतरिरत / संनिदा पदस्थापना निये जाने ी ቝኌस्थतित ें उन पदों पर आ ंनि। ेह ान ्ቚ्ሹाओं ी सेाऐं स्तः स ा् हो जायेंगी।"
5. It is not in dispute that the petitioner is appointed as guest faculty at Government Industrial Training Institute, Bastar and he cannot claim as a matter of right to remain there forever and as per the guidelines/policy by which the guest faculties are being appointed itself provides that in case of regular appointment the service of
4 guest faculties will be come to an end. In the present case, the respondent no. 5 has been appointed as a regular Training OfÏcer (COPA) ITI Bastar by the order impugned in the present petition dated 21.01.2025, hence the petitioner cannot question the order on the ground that principles of natural justice has not been observed. From perusal of the impugned order it appears that the order is not a stigmatic order, the order has been passed by posting a regular appointees on the post where the petitioner was working as a guest faculity, hence there is no illegality in the order (Annexure P/7). 6. The writ petition is without any substance deserves to be and is hereby dismissed. Sd/-
(Bibhu Datta Guru) Judge Shoaib