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2025 DAILYLAW 28459 (CHH)

MURARI YADAV v. STATE OF CHHATTISGARH

WPS/5677/2025 · 2025-06-30

Shri Ravindra Kumar Agrawal

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:29343 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5677 of 2025 1 - Murari Yadav S/o Thirali Ram Yadav Aged About 34 Years R/o Ward No. 5 Maharani Laxmi Ward, Pujaripara, Rautpara, Post- Bastar, Distt.- Bastar (C.G.) 2 - Narendra Singh Bhardwaj S/o Phool Singh Bhardwaj Aged About 45 Years R/o Bade Para, Kho Khosa, Bastar, Distt.- Bastar (C.G.) 3 - Narsingh Sethiya S/o Lakhamu Sethiya Aged About 33 Years R/o Bandapara, Kumharsadra, Bastar, Distt.- Bastar (C.G.) 4 - Belkuram Netam S/o Boti Netam Aged About 38 Years R/o Schoolpara, Padarguda, Arrakot, Bastar, Distt.- Bastar (C.G.) 5 - Budruram Patel S/o Ayatu Ram Patel Aged About 38 Years R/o Milkulwada, Netanar, Bastar, Distt.- Bastar (C.G.) 6 - Sonaru Maurya S/o Soma Aged About 40 Years R/o Sarrigiguda, Bademoratpal, Post- Kurenga, Jagadalpur, Distt.- Bastar (C.G.) 7 - Devo Ram Muchaki S/o Somadu Muchaki Aged About 39 Years R/o Bandapara, Kumharsadra, Bastar, Distt.- Bastar (C.G.) 8 - Sushila Kashyap W/o Suku Singh Aged About 41 Years R/o House No. 17, Paik Para, Darbha, Pakhnar, Jagadalpur, Distt.- Bastar (C.G.) 9 - Kalawati Yadav W/o Jagatu Ram Yadav Aged About 38 Years R/o Bade Kilepal, Post- Bastanar, Distt.- Bastar (C.G.) 10 - Dhansay S/o Narsingh Yadav Aged About 38 Years R/o H.No. 92, Ward No. 6, Rautpara, Lalaguda, Post- Mutanpal, Distt.- Bastar (C.G.) 11 - Shanti Tamo D/o Somadu Tamo Aged About 31 Years R/o Matawada, Post- Matwada, Distt.- Bijapur (C.G.) 12 - Parvati Kashyap W/o Mohan Singh Kashyap Aged About 34 Years R/o H.No. 151, Mudiyapara, Badekilepal, Jagadalpur, Distt.- Bastar (C.G.) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.07.01 18:08:44 +0530 2 13 - Sandeep Thakur S/o Gopi Thakur Aged About 35 Years R/o H.No. 51, Turangur, Janpad Panchayat Bastanar, Distt.- Bastar (C.G.) 14 - Lakshaman Bharati S/o Mangiya Bharat Aged About 42 Years R/o H.No. 30, Schoolpara, Palam, Post- Kaknar, Block- Lohandiguda, Jagadalpur, Distt.- Bastar (C.G.) 15 - Narali Ram Kodopi S/o Budhu Ram Aged About 35 Years R/o Schoolpara, Chindbahar, Po- Taragaon, Block Lohandiguda, Jagdalpur, Distt.- Bastar (C.G.) 16 - Gayatri Kashyap W/o Hira Ram Kashyap Aged About 41 Years R/o H.No. 15/2, Khalepara, Usaribeda, Kumhali, Distt.- Bastar (C.G.) 17 - Bhakchand Mandavi S/o Kartik Mandavi Aged About 32 Years R/o Tongsiguda, Badanji, Block - Lohandiguda, Jagadalpur, Distt.- Bastar (C.G.) 18 - Damaru Diwan S/o Kelaram Diwan Aged About 34 Years R/o H.No. 195, Sirhapara, Mundagaon, Jagadalpur, Distt.- Bastar (C.G.) 19 - Pancham Singh Nag S/o Chhattar Singh Nag Aged About 37 Years R/o H.No. 38, Ward No. 4, Tarai Bhatapara, Badanji, Block- Lohandiguda, Distt.- Bastar (C.G.) 20 - Dayalal Pegad S/o Ludru Ram Pegad Aged About 39 Years R/o Schoolpara, Turemorka, Post- Gadhiya, Block - Lohandiguda, Distt.- Bastar (C.G.) 21 - Soma Baghel S/o Ramdhar Baghel Aged About 41 Years R/o Gadampara, Nagalsar, Post- Netanar, Distt.- Bastar (C.G.) 22 - Sonsay Nag S/o Muda Nag Aged About 32 Years R/o Gehupadar, Netanar, Bastar, Distt.- Bastar (C.G.) 23 - Dindayal Maurya S/o Mangtu Aged About 47 Years R/o Village- Sivani, Khalepara, Bastar, Distt.- Bastar (C.G.) 24 - Kamal Kashyap S/o Badan Ram Kashyap Aged About 34 Years R/o Village- Sivani, Hirla Bhatapara, Bastar, Distt.- Bastar, (C.G.) 25 - Santosh Kumar Pandey S/o Chakradhar Aged About 43 Years R/o Village- Murkuchi Post- Bhanpuri, Bastar, Distt.- Bastar (C.G.) 26 - Gudiya Maurya W/o Ghasuram Maurya Aged About 35 Years R/o Village- Bakel, Post - Bhanpuri, Bastar, Distt.- Bastar (C.G.) 27 - Sukalu Ram Diwan S/o Maniram Aged About 40 Years R/o Village- Mundagaon, Post- Mundagaon, Jagadalpur, Distt.- Bastar (C.G.) 28 - Indrajeet Yadav S/o Rupdhar Yadav Aged About 33 Years R/o Village- Chamiya, Khaspara, Post- Sivani, Distt.- Bastar (C.G.) 3 29 - Sushil Baghel S/o Dasaru Ram Aged About 40 Years R/o Village- Chapka, H.No. 207, Khaspara, Post- Chapka, Distt.- Bastar (C.G.) 30 - Ramjay Baghel S/o Kushal Ram Baghel Aged About 40 Years R/o Village- Sorgaon, Awaspara, Bhanpuri, Jagadalpur, Distt.- Bastar (C.G.) 31 - Tulasi Baghel W/o Dal Singh Aged About 43 Years R/o Village- Kungarpal, Post- Mandalapal, Distt.- Bastar (C.G.) 32 - Rupendra Thakur S/o Jay Singh Aged About 34 Years R/o Village- Mungla, Patelpara, Post- Chapka, Distt.- Bastar (C.G.) 33 - Gurbari Baghel Wd/o Jalan Ram Baghel Aged About 53 Years R/o H.No. 25, Village- Bhursundi, Bhatpal, Distt.- Bastar (C.G.) 34 - Padam Ram Sethiya S/o Baju Ram Sethiya Aged About 53 Years R/o Village- Sivani, Hirlabhatapara, Post- Sivani, Distt.- Bastar (C.G.) 35 - Amrika Ram Kashyap S/o Sudaru Ram Kashyap Aged About 38 Years R/o Village- Chhote Amabal, Post- Bade Amabal, Bastar, Distt.- Bastar (C.G.) 36 - Bhuwan Baghel S/o Balku Ram Baghel Aged About 40 Years R/o Village- Chhote Amabal,post- Bade Amabal, Bastar, Distt.- Bastar (C.G.) 37 - Umesh Thakur S/o Kamal Singh Thakur Aged About 41 Years R/o Village- Chhote Amabal, Awaspara, Post- Bade Amabal, Bastar, Distt.- Bastar (C.G.) 38 - Munna Ram S/o Somnath Aged About 42 Years R/o Village- Bakel, Post- Bhanpuri, Bastar, Distt.- Bastar (C.G.) 39 - Manglu Ram Maurya S/o Kuldhar Maurya Aged About 48 Years R/o Village- Mundagaon, Post- Mundagaon, Jagadalpur, Distt.- Bastar (C.G.) 40 - Nirakar Panigrahi S/o Mohan Prasad Panigrahi Aged About 41 Years R/o 31, Bhanpuri, Village- Bhanpuri (Farsaguda), Bastar, Distt.- Bastar (C.G.) 41 - Shyam Lal Meshram S/o Mohal Lal Meshram Aged About 53 Years R/o Village- Kuruspal, Awaspara, Post- Kuruspal, Bastar, Distt.- Bastar (C.G.) 42 - Gopi Poyam S/o Muyo Poyam Aged About 38 Years R/o H.No.27, Nutanpal, Naktoka, Jagdalpur, Distt.- Bastar (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Tribal Welfare Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 4 2 - The Secretary Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 3 - Commissioner Department Of Scheduled Tribe And Scheduled Caste Development, Indrawati Bhawan, Nava Raipur, District- Raipur (C.G.) 4 - Collector Bastar, District- Bastar, (C.G.) 5 - Assistant Commissioner Tribal Welfare Department, Bastar, District- Bastar (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Syed Majid Ali, Advocate. For Respondent(s) : Mr. S. Badgaiya, Dy. Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 01/07/2025 1. The petitioners have filed the present 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. 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 petitioner 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 5 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 off 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 representation by each of the petitioner within two weeks, the 6 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. 6. With this observation, the present writ petition is disposed off. Sd/- (Ravindra Kumar Agrawal) Judge Alok