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2025 DAILYLAW 16335 (CHH)

SATYAM DURGAM v. STATE OF CHHATTISGARH

WPS/2279/2025 · 2025-04-07

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 4 2025:CGHC:16110 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2279 of 2025 1 - Satyam Durgam S/o Late Mallaiya Durgam Aged About 41 Years R/o Village And Post - Toynar, Tahsil And Dist. - Bijapur Chhattisgarh 2 - Lakhmu Ram Kudiyam S/o Vanga Kodiyam Aged About 46 Years R/o Village And Post Toynar, Kunda Para, Tahsil And Dist. - Bijapur Chhattisgarh 3 - Mahendra Kumar Semal S/o Ganpat Semal Aged About 45 Years R/o Village And Post - Toynar, Tahsil And Dist. - Bijapur Chhattisgarh 4 - Smt Sushila Mudma W/o Narayan Mudma Aged About 50 Years R/o House No. 12, School Para, Mandem, Farsegarh, Dist - Bijapur Chhattisgarh 5 - Sukhlal Nag S/o Ramchand Nag Aged About 51 Years R/o Manjharpara, Gangloor, Tahsil And Dist. - Bijapur Chhattisgarh 6 - Valwa Harish S/o Valwa Chandraiya Aged About 44 Years R/o Village Sangampalli, Madded, Bhopalpattanam, Bijapur, District Bijapur Chhattisgarh 7 - B. Jyoti W/o Shriniwas Aged About 47 Years R/o Pujari Para, Madded, Bhopalpattanam, Bijapur, District Bijapur Chhattisgarh ... Petitioner(s) AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.04.08 17:23:40 +0530 2 / 4 versus 1 - State Of Chhattisgarh Through Secretary, Tribal Welfare Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur Chhattisgarh 2 - The Secretary Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur Chhattisgarh 3 - Commissioner Department Of Scheduled Tribe And Scheduled Caste Development, Indrawati Bhawan, Nava Raipur, District Raipur Chhattisgarh 4 - Collector Bijapur, District Bijapur Chhattisgarh 5 - Assistant Commissioner Tribal Welfare Department, Bijapur, District Bijapur Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Syed Majid Ali, Advocate For Respondents/ State : Mr. Akhilesh Kumar, G.A. (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 07/04/2025 1. The petitioners have filed this writ petition seeking following reliefs: “10.1 This Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the case of the petitioners for permanent status under contingency fund in the light of government circular dated 11.01.2021 (Annexure P/4) as the similarly employee has already been benefited by the respondent authorities. 3 / 4 10.2 That the Hon'ble Court may further pleased to grant such other relief(s) as may be deemed fit and proper in the interest of justice.” 2. Learned counsel for the petitioner submit that earlier the State Government has passed various circulars mentioned in circular dated 11.01.2021, however, it was withdrawn. Thereafter, again it was reconsidered and the order of withdrawal of the circular was taken back, as such, all the work-charged employees and the contingency paid employees were being given benefit of regular pay-scale under contingency establishment even without any set- up. It is submitted that on the basis of circular dated 11.01.2021, the other Districts like Bastar, Narayanpur and Bijapur have considered the case and were granted benefit of permanent status, therefore, the petitioners are also entitled for grant of benefit of permanent status in light of circular dated 11.01.2021. 3. Learned State counsel opposes the submission made by learned counsel for the petitioner and submits that the respondent authorities after verifying whether the petitioners are contingency paid employees or not, shall consider their cases, in view of the circular dated 11.01.2021. 4. I have heard learned counsel for parties and perused the documents available on record. 5. Considering the aforesaid aspect of the matter and considering the arguments advanced by learned counsel for the parties, the writ petition is disposed of with a direction to the petitioners to file appropriate representation before the respondent authorities 4 / 4 stating all the facts which have been shown before this Court and in turn, the respondent authorities shall consider their cases after verifying that whether the petitioners are contingency paid employees or not, in light of circular dated 11.01.2021, and also considering the fact that similar benefits have been granted by various Districts. In the event of filing representation by each of the petitioners within two weeks, the respondents are directed to decide the same in a pragmatic manner, keeping the circular dated 11.01.2021 under consideration. The respondent authorities are directed to decide the representation within a period of four weeks. 6. With this observation, all the writ petitions are disposed of. SD/- (BIBHU DATTA GURU) JUDGE Amardeep