1 2025:CGHC:12512 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1781 of 2025 1 - Kamlesh Prajapati S/o Shri Ram Janam Prajapati Aged About 33 Years Occupation- Assistant Grade- I I I, R/o Ward No. 3, Godhanpur, Ambikapur, District Sarguja, Chhattisgarh. 2 - Ambrish Kashyap S/o Shayam Kashyap Aged About 40 Years Occupation- Asst. Hostel Superintendent At Eklavya Model Residential School, Mainpat, District Surguja, Chhattisgarh. ... Petitioner(s) versus 1 - Union Of India Through Its Secretary Of Ministry Of Tribal Affairs, Ground Floor, D Wing, Shastri Bhawan, New Delhi, Delhi, 110001 2 - National Education Society For Tribal Students (Nests) Through Its Commissioner, Ground Floor, Gate No. 3 A, Jeevan Tara Building, Parliament Street, New Delhi, 110001 SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.03.21 20:51:14 +0530 2 3 - State Of Chhattisgarh Through Secretary Of Tribal And Schedule Caste Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 4 - Chhattisgarh State Level Tribal Community Welfare Residential And Ashram Education Institutions Committee. Through Its Ex-OfÏcio Secretary, Commissioner, Block- D, Ground Floor, Indravati Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 5 - District Level Tribal Welfare Residential And Ashram Education Institutions Committee. Through Its Ex-OfÏcio Chairman, Collector, Ambikapur, District Surguja, Chhattisgarh. 6 - Principal Eklavya Model Residential School, Kamleshwarpur, Mainpath, District Surguja, Chhattisgarh. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Sunil Tripathi, Advocate. For Respondent No. 1 : Shri Ramakant Mishra, DSGI. For Respondents/State : Shri Ajit Singh, Govt. Advocate. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 17.03.2025 1. By the present writ petition, the petitioners who were the employees working as Assistant Grade- II and Hostel Superintendent of Eklavya Model Residential School, Kamleshwarpur, Mainpath, 3 District Sarguja, which is being run and managed by the grant in aid received by respondent no. 1 and the services of the petitioners are being governed by the Eklavya Model Residential School Service, Recruitment and Promotion Rules 2007. The writ petition has been filed by the petitioner seeking a direction towards the respondent for quashment of the communication dated 24.02.2025 issued by the respondent no. 2 and the petitioners are also seeking a direction towards the respondent to absorb the service of the petitioner in Department of School Education in the light of the resolution passed by the State Government dated 30.01.2025. 2. Learned counsel for the petitioner would submit that in earlier round of litigation WPS No. 5376/2024, the writ petition was disposed of with a direction to the respondent to consider the representation filed by the petitioner. Learned counsel for the petitioner submit that after filing of the writ petition and submission of the representation no decision has been taken, however the NESTS/respondent No. 2 has issued a communication dated 24.02.2025 and observed that the process of absorption of the service of Eklavya Model Residential School is under process and documents submitted by the employees sponsored by State during document verifications are under examination by the NESTS. 3. Learned counsel for the respondent State as well as respondent no. 1 & 2 by referring the paragraph 5 of the impugned communication dated 24.02.2025 would submit that the communication of the NESTS is very clear which reads as under:- 4 “That the request of the petitioners for their absorption in the State Government is not under the purview of NESTS and the same has to be decided by the State of Chhattisgarh” 4. As far as the present case of the petitioner is concerned, the NEST is not processing anything for absorption of the employee of the Eklavya Model Residential School. 5. Learned counsel for the respondent also submits that the petitioners are not an employee of the State Government, whereas they are employees of the respondent no. 4/ Chhattisgarh State Level Tribal Community Welfare, Residential and Ashram Educational Institutions Committee and the representation submitted by the petitioner has not been decided by the State and hence the writ petition filed by the petitioner is pre-mature. 6. I have heard both the parties and perused the pleadings as well as the communication dated 24.02.2025 7. From perusal of the Communication/Order dated 24.02.2025, it appears that the NESTS has stated that as far as the decision for absorption of the employee of Eklavya Model Residential School will be taken by the State Government and the NESTS/the respondent no. 2 is only processing the absorption of employees as sponsored by the State Government. It also appears from Annexure P/10 that State Government has taken a decision in its meeting dated 30.01.2025 that the employees of 85 Eklavya Model Residential School will be absorbed in the Department of School Education of the State Government and for which necessary steps are being taken by the State Government, hence at this stage as the 5 representation of the petitioner has not been decided and no decision has been taken by the State Government for absorption of the petitioner with the NESTS, the writ petition is pre-mature. The petitioner is at liberty to approach appropriate authority at appropriate stage. 8. With the aforesaid liberty, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib