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2025 DAILYLAW 19055 (CHH)

BHURUVA RAM SAHU v. STATE OF CHHATTISGARH

WPS/2937/2025 · 2025-04-29

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:19263 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2937 of 2025 1 - Bhuruva Ram Sahu S/o Shri Ram Ji Sahu Aged About 43 Years R/o Village Ruse, Thana/chouki- Pandatarai, Tahsil- Pandariya, District- Kabirdham (C.G.) 2 - Sattu Sahu S/o Shri Dukhi Ram Sahu Aged About 45 Years R/o Village- Sirama-Dabari, Thana And Tahsil- Pandariya, District- Kabirdham (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Collector, District- Kabirdham (C.G.) 2 - The Mission Director, Rajeev Gandhi Shiksha Mission, Chhattisgarh, Raipur, District- Raipur (C.G.) 3 - The District Project Director, Rajeev Gandhi Shiksha Mission, Kabirdham, District Kabirdham (C.G.) 4 - The District Education Officer And District Project Coordinator, Kabirdham, District Kabirdham (C.G.) 5 - The Chief Executive Officer, Zila Panchayat, Kabirdham, District Kabirdham (C.G.) AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.05.01 14:51:32 +0530 2 ... Respondent(s) For Petitioner(s) : Mr. Bharat Rajput, Advocate. For Respondents/State : Mr. Sanjeev Pandey, Dy.A.G. For Respondent Nos.2 & 3 : Ms. Akanksha Jain, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 29/04/2025 1. By the present writ petition, the petitioners have prayed for following reliefs:- i. That, this Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of petitioners from the respondents. ii. That this Hon’ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to consider and decide the representation of petitioners for adjusting/absorption of their services against any suitable equivalent post in any other department, forthwith, in accordance with law. iii. That any other relief/order which may deem fit and just in the facts and circumstances of the case, including cost of the petition may kindly be awarded to the petitioners.” 2. Learned counsel for the petitioners submit that in the year 2007 the petitioners were appointed on the post of Cook/rasoiya and 3 peon under Rajeev Gandhi Shiksha Mission and posted in Dormitory Vidyalaya, Ruse, District:Kabirdham and they were discharging their duties with sincerity and honesty, upto the satisfaction of their superior authorities, without any stigma or complaint. He further submits that on account of closure of Dormitory Vidyalaya, vide order dated 01.02.2016 the respondent No. 4 has directed that the services of employees working under Dormitory Centre may not be taken and accordingly the petitioners have been ousted from the services. He lastly submits that the petitioners for almost 9 years, the petitioners have served their service on their respective posts in the respondents and they are facing hardship to survives. He submits that even if the Dormitory Centre is closed, looking to the experience of the petitioners, they may be considered in any other project which is being under taken by the respondent No. 1 /Collector. 3. Learned counsel for the respondents submit that the appointment of the petitioners were only on contractual basis and as soon as the contract had come to end, as a result of closure of the Dormitory Centre, they were bound to be discontinued. 4. Be that as it may, considering the submissions made at the bar, this Court deems fit to dispose of this writ petition at this stage permitting the petitioner to make a fresh representation before the respondent No. 1/Collector within a period of 30 days from 4 the date of receipt of copy of this order who in-turn is excepted to decide the same, within 120 days from the date of receipt of copy of such representation. However, this Court has not expressed any opinion on merits of the case. SD/- (Bibhu Datta Guru) Judge Amardeep