1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5973 of 2014 1 - Pramod Kumar Baiga S/o Shri Ramratan Baiga Aged About 31 Years Working As Shiksha Karmi Grade Iii, Govt. Primary School Kendadaand, Block Kota, Distt Bilaspur, Cg, Chhattisgarh 2 - (Deleted), Radhesyam Baiga As Per Honble Court Order Dated 10-09-2024. 3 - (Deleted), Ashok Kumar Baiga As Per Honble Court Order Dated 10-09-2024. 4 - (Deleted), Smt. Rajeshwari Devi Baiga As Per Honble Court Order Dated 10-09-2024. 5 - (Deleted), Navin Kumar Baiga As Per Honble Court Order Dated 10-09-2024. 6 - (Deleted), Santosh Kumar Baiga As Per Honble Court Order Dated 10-09-2024. 7 - (Deleted), Sushila Bai Baiga As Per Honble Court Order Dated 10-09-2024. ... Petitioner versus 1 - State Of Chhattisgarh S/o Through Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, Dist Raipur, Cg, Chhattisgarh 2 - Janpad Panchayat Kota, Block Kota, Distt Bilaspur, Cg, District : Bilaspur, Chhattisgarh 3 - Chief Executive Officer, Janpad Panchayat Kota, Block Kota, Dist Bilaspur, Cg, District : Bilaspur, Chhattisgarh 4 - Development Block Education Officer, Block Kota, Dist Bilaspur, Cg , District : Bilaspur, Chhattisgarh ... Respondents For Petitioner : Mr. Udit Khatri, Advocate For Respondent No. 1, 2 & 4 : Mr. Amit Buxy, PL For Respondent No. 3 : Mr. Rahul Tamaskar, Advocate Hon'ble Shri Justice Sachin Singh Rajput Order On Board 29.07.2025 1. The petitioner has filed this writ petition seeking for the following relief(s); 10.1 This Hon'ble Court may kindly be please to call for the entire records of the case from the possession of the respondents, for its kind perusal. HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.08.01 10:56:39 +0530 2 10.2 This Hon'ble Court may kindly be pleased to issue an appropriate writ/order in the nature of certiorari thereby quashing the impugned resolution dated 13/08/2014 (P/1) & order dated 15/02/2013 (P/5) for the same being illegal & inoperative in the eyes of law. 10.3 This Hon'ble Court may further be pleased to issue an appropriate writ/order in the nature of mandamus thereby directing the respondent authorities to pay salary of the petitioners alongwith the arrears and other legal dues thereof. 4.4 This Hon'ble Court may further be pleased to issue an appropriate writ/order in the nature of mandamus thereby directing the respondent authorities not to remove the petitioners from their services and also not to take any other adverse action against the petitioners until the issue of their permanent caste certificates is resolved finally. 10.5 Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case. 2. The subject matter in a nutshell is that the petitioner, belonging to the Baiga Scheduled Tribe, was appointed as Shiksha Karmi Grade-III on 13.07.2010 against a reserved post. He was later asked to submit a permanent caste certificate, and despite applying for the same, his salary was stopped without notice. This Hon’ble Court earlier declined interference as no application for permanent certificate was filed then. Despite the hardship, the petitioner continued working and was regularized vide order dated 11.06.2013 with retrospective effect. He submitted multiple representations for salary and also applied for the permanent caste certificate, which is still pending. As per a government circular, no fresh application was required where a temporary certificate existed, and prior applications were to be treated as requests for permanent certificates. Supporting documents, including a 1942 school register and Gram Panchayat resolutions, establish his caste status. Yet, without any inquiry or hearing, the Janpad Panchayat Kota passed a resolution dated 13.08.2014 (published in newspaper on 14.08.2014) to remove him, though no termination order has been served till date. Hence, this petition. 3. Learned counsel for the petitioner submits that the petitioner was appointed as Assistant Teacher Grade-III in the Primary School, Kendadand (Faculty of 3 Science), vide order dated 13.07.2010 issued by the Chief Executive Officer, Janpad Panchayat, Kota, District Bilaspur, C.G. (Annexure P/2). As per the terms and conditions of the appointment, the petitioner was required to submit a verified caste certificate within six months, failing which appropriate legal action would be initiated. In case the caste certificate was found to be forged, a police complaint was to be lodged, and the petitioner’s services could be terminated. He further submits that although the petitioner joined his duties and continued to perform them sincerely, he could not submit the verified caste certificate within the stipulated period. Consequently, impugned communication letter dated 15.02.2013 (Annexure P/5) was issued, directing the petitioner to submit the verified caste certificate by the end of February 2013, failing which his services would be terminated. Challenging the said communication, the present writ petition was filed, and this Hon’ble Court was pleased to grant interim relief on 18.11.2014, directing the parties to maintain status quo in respect of the petitioner’s employment. He further submits that the petitioner is still continuing in service pursuant to the interim order, and the verified caste certificate has since been submitted along with a covering memo annexed to the petition. Therefore, the petitioner prays that the reliefs as claimed may be granted, the writ petition be allowed, and the impugned communication dated 15.02.2013 (Annexure P/5) be quashed. 4. Learned counsel for the respondents, on the other hand, submits that as per the conditions of appointment, the petitioner was required to submit a verified caste certificate within six months from the date of appointment, which he admittedly failed to do. Hence, no relief can be granted. However, it is submitted that the caste certificate now annexed with the petition could have been submitted earlier before the competent authority. 5. I have heard learned counsel for parties and perused the documents available on record. 4 6. Be that as it may, the dispute pertains to the non-submission of a verified caste certificate within the stipulated period of six months as required under the terms of the appointment. Since the verified caste certificate has now been placed on record, this Court deems it appropriate to dispose of the writ petition with the direction that the petitioner shall submit the verified caste certificate before the competent authority of the respondents within a period of 30 days from the date of receipt of a copy of this order. Upon such submission, the competent respondent authority may verify the same and take appropriate action in accordance with law within a further period of 90 days. Meanwhile, the interim order earlier granted in favour of the petitioner shall remain in force for a period of 120 days from today. Sd/- (Sachin Singh Rajput) Judge H.Ansari