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2025 DAILYLAW 32698 (CHH)

ADIL MOHAMMED v. STATE OF CHHATTISGARH

WPS/7574/2025 · 2025-08-06

Shri Ravindra Kumar Agrawal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7574 of 2025 1 - Adil Mohammed S/o Husain Mohammed Aged About 43 Years Posted As Peon, R/o Near Adarsh Chowk, Mangla Bilaspur District Bilaspur C.G. 2 - Suresh Kumar Yadav S/o Gendram Yadav Aged About 56 Years Posted As Peon, R/o Akhri, Talapara Bilaspur, District - Bilaspur C.G. 3 - Rameshwar Yadav S/o Punnulal Yadav Aged About 56 Years Posted As Peon, R/o Akhri, Talapara Bilaspur, District - Bilaspur C.G. 4 - Tukeshwar Patanwar S/o Anjor Lal Patanwar Aged About 49 Years Posted As Peon, R/o Village- Bitkula Bilaspur, District- Bilaspur C.G. 5 - Lalaram Rawat S/o Dhaniram Rawat Aged About 48 Years Posted As Peon, R/o Village Bahatarai Bilaspur District- Bilaspur C.G. ... Petitioner(s) versus 1 - State of Chhattisgarh Through Secretary Department of School Education Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur C.G. 2 - Director Public Instructions, Lok Shikshan Sanchalanalaya (D P I) Indrawati Bhawan, Atal Nagar Raipur, District- Raipur C.G. 3 - Chhattisgarh Shiksha Samiti Through Secretary Office Chhattisgarh Higher Secondary School Bilaspur District Bilaspur C.G. 4 - Principal, Chhattisgarh Higher Secondary School Bilaspur District Bilaspur C.G. 5 - District Education Officer, Bilaspur, District Bilaspur C.G. ... Respondent(s) For Petitioner (s) : Shri Krishna Kumar Tandon, Advocate. For State : Shri Vinay Pandey, Dy. Advocate General. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 07.08. 202 5 1. By way of this petition, the petitioners sought for a direction to respondent authorities to regularize their services with the respondent No.3-institution. 2 2. Learned counsel for the petitioners would submit that the petitioners are Peon working with the respondent No.3 since 2007. The respondent No.3 is a School run by Chhattisgarh Shiksha Samiti, Bilaspur and is a 100% government aided school. The respondent No.2 wrote a letter on 04.08.2022 to the respondent No.1 to take a decision for regularization of the Peons working under the government aided educational institutions at their level, however till date no decision has been taken on that memo dated 04.08.2022 by the State Government. Therefore, a suitable direction may be given to the respondent authorities to regularize the services of the petitioners or to take a decision on the memo dated 04.08.2022 sent by respondent No.2 to respondent No.1. 3. On the other hand, the counsel for the State opposes the submissions made by the counsel for the petitioners and would submit that the petitioners are employee of private educational institutions though it is 100 percent government aided institution, but it is being run by their own bylaws. No order of regularization of the services of the petitioners can be made who are employees of that Chhattisgarh Shiksha Samiti, Bilaspur being run by their own bylaws. He would also submit that even if respondent No.2 wrote a letter to respondent No.1 on 04.08.2022, from perusal of that letter itself shows that representation has been made by certain employees to Hon’ble Chief Minister of the State on 04.04.2022 and it was forwarded by respondent No.2 to respondent No.1. Therefore, no relief can be granted to the petitioners for regularization of their services with the respondent No.3-institution. 3 4. I have heard the counsel for the parties and perused the material annexed with the writ petition. 5. Respondent No.3/Chhattisgarh Shiksha Samiti runs the Respondent No.4/Chhattisgarh Higher Secondary School. It is a grant-in-aid school and the State Government has granted funding to salary of the employees. The Grant-in-aid is the payment in the nature of assistance, donations or contributions made by the Government to other bodies, institutions or individuals. The grants so released are utilized by these agencies, bodies and institutions for meeting day-to- day operating expenses. The general principle of grant-in-aid is that it can be given to a person or a body that is independent of the Government. 6. It is not in dispute that the petitioners are employee of respondent No.3-institution being run by Chhattisgarh Shiksha Samiti, Bilaspur having their own bylaws. Although said institution is fully government aided institution, as submitted by the parties, however, the said Chhattisgarh Shiksha Samiti, Bilaspur has entire control over the management and appointment of employees. There is no direct control of the State Government over the management and appointment of employees of the school. The government has granted fund only with respect to sanctioned post in the school. No direction pursuant to memo dated 04.08.2022 can be made to the State authorities to regularize the services of the petitioners in the respondent No.3- institution. 4 7. I do not find any sufficient ground to grant relief to the petitioners in the present writ petition. The petition fails and is dismissed accordingly. Sd/- (Ravindra Kumar Agrawal) Judge inder