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2025 DAILYLAW 16176 (CHH)

PRAVIN KUMAR SINGH v. STATE OF CHHATTISGARH

WPS/2361/2025 · 2025-04-08

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 3 2025:CGHC:16347 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2361 of 2025 1 - Pravin Kumar Singh S/o Shri Pawan Singh Aged About 36 Years Working As Data Entry Operator At Janpad Panchyat Wadrafnagar, District - Balrampur-Ramanujganj Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Panchayat And Gramin Vikas Vibhag, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar Raipur, District Raipur Chhattisgarh 2 - Development Commissioner, Office Of Development Commissioner Vikas Bhawan, Sector-19, 4th Floor, Nath Block, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh 3 – Commissioner, Mahatma Gandhi National Rural Employment Guarantee Act, Vikas Bhawan Third Floor Sector 9, North Block, Atal Nagar Naya Raipur, District Raipur Chhattisgarh 4 – Collector, Balrampur Ramanujganj District Balrampur Ramanujganj Chhattisgarh 5 - Chief Executive Officer, Janpad Panchayat Wadrafnagar, District Balrampur Ramanujganj Chhattisgarh 6 - Chief Executive Officer, Zila Panchayat Balrampur Ramanujganj District Balrampur Ramanujganj Chhattisgarh 2 / 3 7 - Programme Officer, Mahatma Gandhi National Rural Employment Guarantee Project, Janpad Wadrafnagar, District Balrampur Ramanujganj Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Akath Kumar Yadav, Advocate For Respondents/State : Mr. Sanjeev Pandey, Dy. Advocate General (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 08/04/2025 1. Challenge in this petition is to the orders dated 27/02/2025 and 25/02/2025 by which the services of the petitioner from the post of Data Entry Operator has been terminated. 2. Learned counsel appearing for the petitioner would submit that the petitioner was appointed as Data Entry Operator in Janpad Panchayat, Wadrafnagar for a period of one year on contract basis and thereafter, the same has been extended from time to time. However, all of a sudden, the petitioner has been terminated from the service in an illegal and arbitrary manner that too without affording due opportunity of hearing and even no show cause notice has been served upon the petitioner. Thus, this petition. 3. Learned counsel appearing for the State would oppose the aforesaid submission and submits that the petitioner was working in the aforesaid Department on contract basis and as such he has no right to continue on the said post. He would submit that the removal order has been passed as a simplicitor and hence affording the opportunity of hearing does not arise. 3 / 3 4. I have heard learned counsel for the parties and perused the documents. 5. Bare perusal of the pleadings and the documents, it is manifest that in the Janpad Panchayat Wadrafnagar, the Data Entry Operators have been appointed on contract basis in excess. By memo dated 25/02/2025, the Development Commissioner directed all the Collectors/ District Project Coordinator (MGNREGA) that wherever the excess staff have been appointed, they be removed forthwith. Pursuant to the said memo, the Chief Executive Officer, Zila Panchayat, Balrampur-Ramanujganj directed all the Janpad Panchayats of his jurisdiction to do the needful as per the memo dated 25/02/2025 of the Development Commissioner. Pursuant to the said order of the CEO, Zila Panchayat, the excess employees who are working on contract basis in the Janpad Panchayats have been removed and the same has been communicated to the Zila Panchayat. It is not in dispute that the petitioner is also one of the contractual appointees who have engaged in excess of required staffs. Thus, it cannot be said that the petitioner has been removed from the service without due process of law and while passing the removal order, no stigma has been caused, thus, the impugned orders cannot be termed as illegal orders. The same are just and proper warranting no interference of this Court. 6. Accordingly, the present writ petition is dismissed. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar