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2025 DAILYLAW 18486 (CHH)

RAMESH KUMAR NISHAD v. STATE OF CHHATTISGARH

WPS/2669/2025 · 2025-04-22

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 4 2025:CGHC:18069 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2669 of 2025 1 - Ramesh Kumar Nishad S/o Sudharam Aged About 42 Years Mahaveerpara, Tarasgaon, Tahsil - Tarasgaon, Distt - Kanker Chhattisgarh 2 - Anita Rathore W/o Rajendra Kumar Rathore Aged About 37 Years R/o House No. 116 Jh, Dandkaranya Ward, Kondagaon, Distt - Kondagaon Chhattisgarh 3 - Mahadev Manjhi S/o Sukhdas Manjhi Aged About 40 Years R/o Gram Panchayat - Patarpara, Tahsil - Bhairamgarh, Distt - Bijapur Chhattisgarh 4 - Pitala Ganpat S/o Narsaiya Aged About 49 Years R/o House No. 121, School Para, Pedakodepal, P.O. - Named, Distt - Bijapur Chhattisgarh 5 - Lakhuram Kunjam S/o Gutta Ram Kunjam Aged About 40 Years R/o Village - Pallewaya, Gram Panchayat - Patarpara, Tahsil - Bhairamgarh, Distt - Bijapur Chhattisgarh 6 - Motiram Yadav S/o Butoo Yadav Aged About 35 Years R/o House No. 80, Ward No. 08, Gourabeda, Gram Panchayat Mangalnar, Bhairamgarh, Distt - Bijapur Chhattisgarh SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.04.23 10:52:36 +0530 2 / 4 7 - Sunita Sahani W/o Fulsingh Sahani Aged About 38 Years R/o 174, Ganjahapara, Madpal, Distt - Bastar Chhattisgarh ... Petitioner(s) 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 Petitioners : Mr. Imam Siddiqui, Advocate For Respondents/ State : Ms. Nupur Trivedi, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 22/04/2025 1. By the present writ petition, the petitioners are seeking for the following reliefs: “10.1 This Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the 3 / 4 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. 10.2 That the Hon'ble Court 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 petitioners submits 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 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 petitioners 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. 4 / 4 5. Considering the aforesaid aspect of the matter and also 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 stating all the facts which have been shown before this Court and in turn, the respondent authorities shall consider their case 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 of such representation by each of the petitioner within two weeks, the respondents are directed to decide the same in a pragmatic manner, keeping circular dated 11.01.2021 under consideration. The respondent authorities are directed to decide the representation within a period of four weeks from the date of filing of such representation. 6. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar