1 2025:CGHC:13751 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 642 of 2021 • Khemraj Sahu, S/o Shri Gopichand Sahu, Aged About 28 Years R/o Village Rapagulla, Police Station / Tehsil Sarangarh, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh, Through The Secretary Department Of Panchayat And Rural Development, Capital Complex Atal Nagar, New Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2. Chief Executive Officer, Zila Panchayat Raigarh, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh 3. Chief Executive Officer, Janpad Panchayat Sarangarh, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. K.N. Nande, Advocate For State : Ms. Saumya Sharma, Panel Laywer Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 22.03.2025 1. The petitioner has filed this writ petition under Article 226 of the Constitution of India challenging the Clause 1 of the advertisement according to which contractual employment should be only for one year on the count that respondents have already amended in the MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.04.15 15:45:20 +0530 2 set up declared on 25.03.2019 when the Commissioner Mahatma Gandhi Rastriya Gramin Rojgar Gurantee has already amended the rules in view of the amendment made in the Rules 11(1) of the Chhattisgarh Civil services (Contractual Appointments) Rules, 2012 (in short “Rules of 2012”) by which the following Rules have been amended: “1. In rule 11, for sub - rule (1), the following shall be substituted namely:- (1) On the contractual appointment posts mentioned under rule 4(1), first contractual appointment shall be made for a period of three years, however, the state Government may take decision of renewal of the contractual appointment by extending the period of contractual appointment up to maximum three years at a time depending on the necessity and after assessing suitability of person’s appointment on contractual basis. 2 In rule 11, for sub – rule (3), the following shall be substituted namely:- (3)(a) On post mentioned in rule 4(4), in the matter of contract appointment of retired Government servant contract appointment being given as a special case on the basis of their special experience exemplary service record and evaluation of performance, the period of contract appointment may be for period of 5 years which may be extended twice more fro period maximum upto five year be the State Government considering the department of General Administration and Finance Department. (b) On posts mentioned in rule 4(5) contractual appointment can be given till the tenure of the hon’ble Chief Minister/Ministers.” 2. Thus, he would submit that the contractual period of appointment should be issued for three years, where in the advertisement they have mentioned only for one year. Thus, it is against the Rules of 2012, thus, he would pray for quashing of the said condition. 3. The advertisement was issued on 01.12.2020 and more than four years have already been lapsed and the petitioner is unable to 3 clarify from the pleadings made in the writ petition whether he has granted contractual appointment or not and on the count that the writ petition was filed on 05.01.2021 and more than four years have already been lapsed and even if three years period is counted for contractual appointment the same has also come to an end in view of the Rules of 2012. 4. Considering this aspect of the matter, no writ of mandamus can be issued. 5. Accordingly, the writ petition is dismissed. Sd/- (Narendra Kumar Vyas) Judge Manish