1 2025:CGHC:5135 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 14 of 2025 1 - Gopal Prasad Ratre S/o Ramprasad Ratre Aged About 35 Years Village- Rajabhata, Post- Lavsra, (Sakti), District-Sakti C.G. 2 - Dwarika Prasad Ratre S/o Dara Singh Ratre Aged About 34 Years R/o Village And Post- Adbhar, (Adbhar), District- Sakti C.G. 3 - Ramesh Kurre S/o Khemlal Kurre Aged About 41 Years R/o Village And Post- Faguram, (Adbhar), District- Sakti C.G. 4 - Sukul Ram Sarthi S/o Nanukuram Sarthi Aged About 49 Years R/o Village- Hardidhih, Post-Dabhra, (Dabhra), District- Sakti C.G. 5 - Jaimal Singh Banjare S/o Late Shri Sudama Banjare Aged About 54 Years R/o Village And Post- Nariyra, Tahsil- Akaltara, P/s- Mulmula, District- Janjgir- Champa C.G. 6 - Santosh Kumar Miri S/o Late Shri Asharam Miri Aged About 48 Years R/o Village - Murlidhih, Post-Amora-Gopalnagar, P/s Mulmula, Tahsil- Akaltara, Block-Akaltara, District- Janjgir-Champa C.G. 7 - Mohan Lal Chouhan S/o Late Shri Parsram Chouhan Aged About 48 Years R/o Village And Post- Kotmi Sonar, Ward No. 8, Majhotpara Kotmisonar, P/s And Block And Tahsil- Akaltara, District- Janjgir-Champa C.G. 8 - Smt. Vinay Devi Sahu C/o Lakhman Kumar Sahu Aged About 55 Years R/o Village- Parsahi, Post- Padriya, P/s- Akaltra, Block-Akaltra, District- Janjgir-Champa C.G. 9 - Smt. Santbai Banjare C/o Sant Kumar Banjare Aged About 40 Years R/o Village- Khod Devri, Post-Katni, P/s-Akaltra, Block-Akaltra, District- Janjgir- Champa C.G. 10 - Smt. Gulab Bai C/o Madusankar Lahre Aged About 47 Years R/o Village- Akaltra, Post And P/s- Akaltra, Block-Akaltra, District- Janjgir-Champa C.G. AJINKYA PANSARE Date: 2025.01.29 17:54:57 +0530 2 11 - Smt Purinima Sholde C/o Virendra Kumar Sholde Aged About 40 Years R/o Village- Devri, Post-Katni, P/s- Akaltra, District- Janjgir-Champa C.G. 12 - Lalita Dahriya C/o Nanthakur Dahriya Aged About 59 Years R/o Village- Amrtal, Post-Tilai, P/s - Akaltra, Block-Akaltra, District- Janjgir-Champa C.G. 13 - Nageshwari Nirala C/o Pappuram Nirala Aged About 36 Years R/o Village- Jhalmala, Post- Bhaisa, Tahsil- Akaltra, District- Janjgir-Champa C.G. 14 - Kamlakant C/o Pawan Kurre Aged About 37 Years R/o Village- Kotmisunar, Post-Kotmi Sonar, Tahsil - Akaltra, District- Janjgir-Champa C.G. 15 - Ramji Kashyap C/o Shri Atmaram Aged About 48 Years R/o Village And Post- Gatva, Tahsil-Balloda, District- Janjgir-Champa C.G. 16 - Dhirendra Kumar Ratre S/o Shri Tularam Ratre Aged About 42 Years R/o Village- Murlidhih, Tahsil-Akaltra, Post- Amora, District- Janjgir-Champa C.G. 17 - Santosh Kumar Miri S/o Ramsevak Miri Aged About 39 Years R/o Village- Panchayt Kurma, Post-Dongri, Tahsil- Baloda, P/s- Baloda District- Janjgir-Champa C.G. 18 - Smt. Laxmin Bai Jangde C/o Late Chtrsen Jangde Aged About 42 Years R/o Village- Murlidheh, Post- Amora (Gopal Nagar), Tahsil- Akaltra, P.S.- Mulmula, District- Janjgir-Champa C.G. 19 - Premshingh Binjhwar S/o Mansaram Aged About 45 Years R/o Post- Gatwa, Tahsil- Balloda, P.S. - Balloda, District - Janjgir-Champa C.G. 20 - Champa Devi Pal C/o Parnath Pal Aged About 46 Years R/o Post Khisora, P.S.- Balloda, Tahsil-Balloda, District - Janjgir- Champa C.G. 21 - Anjali Sahu C/o Ramshankar Sahu Aged About 43 Years R/o Village- Jarwe (Hardi), Post- Jarwe, P/s- Balloda, District- Janjgir-Champa C.G. 22 - Santosh Kumar Yadav S/o Basant Kumar Yadav Aged About 39 Years R/o Village Bajrang, Nagar And P/s And Tahsil- Balloda, District- Janjgir- Champa C.G. 23 - Satrupa Sonwani C/o Late Deepak Sonwani Aged About 35 Years R/o Village Nivchand Niyapara, Ward No. 07, Tahsil-Jajgir, District- Janjgir- Champa C.G. 24 - Jaikumar Banjare S/o Ramsingh Banjare Aged About 44 Years R/o Village- Bhaistra, Tahsil- Akaltra, District- Janjgir-Champa C.G. 3 25 - Selhan Yadav S/o Gopiram Yadav Aged About 41 Years R/o Village- Rigni, Tahsil- Navagad, P/s- Shivrinarayan, District- Janjgir-Champa C.G. 26 - Rupendra Kumar Gabel S/o Late Puran Lal Aged About 38 Years R/o Village- Jajang, Post- Jajang, Tahsil- Sakti, District- Sakti C.G. 27 - Chandrakant Dewangan S/o Ramprtap Dewangan Aged About 46 Years R/o Village And Post - Janjgir, Tahsil- Janjgir, District- Janjgir-Champa (C.G.) 28 - Santoshi Kurre W/o Late Skharam Aged About 45 Years R/o Village Janjgir, Tahsil- Janjgir, District- Janjgir-Champa (C.G.) 29 - Khuleswari Banjare C/o Kamlesh Banjare Aged About 42 Years R/o Village- Bankimongra, Tehsil Katghora,dist.- Korba C.G. 30 - Kameshwar Prasad Sahu S/o Shri Tarachand Sahu Aged About 40 Years R/o Village- Udenand, Post- Pisoda, Tahsil And Thana- Janjgir, District Janjgir-Champa C.G. 31 - Rukhmani Ratre C/o Sumran Ratre Aged About 37 Years R/o Village- Karhidh, Post- Balloda, P/s- Balloda, District- Janjgir-Champa (C.G.) 32 - Satyakala Tandan C/o Rupnarayan Tandan Aged About 42 Years R/o Village Bamahnin, Post- Karnai, P/s- Akaltra, District- Janjgir-Champa C.G. 33 - Rajni Barman C/o Chandrasen Barman Aged About 41 Years R/o Village- Lebai, Post- Khashora, P/s And Tahsil- Balloda, District - Janjgir-Champa C.G. 34 - Sukrita Kavar C/o Bheem Singh Kavar Aged About 40 Years R/o Village- Mdragodi, Post- Portha, P/s- Sakti, Tahsil- Sakti, District- Sakti (C.G.) 35 - Love Kumar Yadav S/o Late Baliram Yadav Aged About 47 Years R/o Village- Janjgir, Post- Janjgir, Tahsil And P/s- Janjgir, District- Janjgir-Champa (C.G.) 36 - Devkumari Khare C/o Sanjay Khare Aged About 40 Years R/o Village- Hedspur, Post-Sitli, Tahsil-Pamgad, P.S.- Pamgad, District- Janjgir-Champa (C.G.) 37 - Kusum Lata Kurre C/o Dileswar Aged About 41 Years R/o Village- Pendri, Post-Navagad, Tahsil And P/s- Navagad, District- Janjgir-Champa (C.G.) 38 - Padma Tandan C/o Suresh Tandan Aged About 40 Years R/o Village- Nanahil, Post-Parsadeh, Tahsil- Bilaigarh, District- Sarangarh Bilaigarh (C.G.) 4 39 - Mukhiram Lahre S/o Ramadhin Lahre Aged About 50 Years R/o Village- Khaija, Post- Khaija, Tahsil- Balloda, District- Janjgir-Champa (C.G.) 40 - Smt. Rekha Jangde W/o Mukesh Jangde Aged About 40 Years R/o Village- Vidhyadhih Tagar, Post-Bharati, Tahsil- Masturi, District- Bilaspur (C.G.) 41 - Ansuiya Dinkar C/o Ajay Dinkar Aged About 38 Years R/o Village- Pangao, Post-Kuthur, Tahsil- Pamgad, P/s- Pamgad, District- Janjgir-Champa (C.G.) 42 - Santosh Kumar Yadav S/o Late Malik Ram Yadav Aged About 49 Years R/o Village-Kamred, Post-Kamred, P/s And Tahsil- Saragaon, District- Janjgir- Champa (C.G.) 43 - Santram Ratre S/o Shri Satruhan Ratre Aged About 39 Years R/o Village- Mahant, Tahsil- Navagarh, District- Janjgir-Champa (C.G.) 44 - Ramsilla Lahre C/o Shri Premsukh Lahre Aged About 42 Years R/o Village- Kathapali Dogari, Post-Dogari, Tahsil And P/s- Balloda, District- Janjgir-Champa (C.G.) 45 - Kamlesh Kumar Rathor S/o Shri Manharan Lal Rathor Aged About 42 Years R/o Village, Post - Khokhra, Tahsil And P/s- Janjgir, District - Janjgir- Champa (C.G.) 46 - Rajnarayan Khute S/o Late-Paras Ram Aged About 42 Years R/o Village- Kotiya, Post And Tahsil- Navagarh, District- Janjgir-Champa (C.G.) 47 - Sarita Kalwart S/o Ghansyam Kaiwart Aged About 40 Years R/o Village - Nagwa, Post- Poch, Tahsil And P/s - Balloda, District- Janjgir-Champa (C.G.) 48 - Satrupa Bai Ratnakar C/o Tula Ratnakar Aged About 37 Years R/o Village, Post And P/s- Janjgir, District- Janjgir-Champa (C.G.) 49 - Tula Ratnakar S/o Late Bharat Lal Aged About 45 Years R/o- Village, Post, Tahsil And P/s - Janjgir District- Janjgir-Champa (C.G.) 50 - Uttam Kumar Ratre S/o Bishekhar Aged About 39 Years R/o Village- Aoraikala Parsahanpara, Post - Sarokha, Tahsil- Baloda, P/s- Janjgir, District- Janjgir-Champa (C.G.) 51 - Ramdular Kashyap S/o Late Shri Sunder Lal Kashyap Aged About 38 Years R/o Post- Borda, Village- Rigni, P/s- Shivarinarayan Tahsil-Navagarh, District- Janjgir-Champa (C.G.) 5 52 - Jankram Shrote S/o Shri Mangshing Shrote Aged About 50 Years R/o Village And Post- Baksahi, (Pali), District- Korba (C.G.) 53 - Ajay Kumar Dewangan S/o Gendram Dewangan Aged About 35 Years R/o Post- Temar (Sakti), Tahsil And District- Sakti (C.G.) 54 - Rakesh Patel S/o Ruplal Patel Aged About 41 Years R/o Village- Amampali, Post- Nanka, Tahsil- Sakti, District- Sakti C.G. 55 - Ram Singh Sidar S/o Chinilal Sidar Aged About 47 Years R/o Village- Keribandha, Post- Arjuni, Tahsil- Sakti, District- Sakti C.G. 56 - Ubhay Ram Yadav S/o Daras Ram Yadav Aged About 41 Years R/o Village- Keribandha, Post- Arjuni, Tahsil- Sakti, District- Sakti C.G. 57 - Gopal Singh Sidar S/o Siyalal Sidar Aged About 42 Years R/o Village Bagdeva, Tahsil- Khrliya, District - Sakti C.G. 58 - Heeralal Sidar S/o Tilak Singh Sidar Aged About 42 Years R/o Village- Telibandha, Post- Arjni, Tahsil- Sakti, District- Sakti C.G. 59 - Omprakash Sahu S/o Sonsay Sahu Aged About 48 Years R/o Village- Paterapali, Post-Lang, Tahsil-Sakti, District- Sakti (C.G.) 60 - Smt. Rita Annat C/o Shri Jayprakash Aged About 36 Years R/o Village Post-Rahod, P/s- Shivarinarayan, District- Janjgir-Champa (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Scheduled Caste And Scheduled Tribe Welfare, Mahanadi Bhawan, Mantralaya, New Raipur Tahsil And District Raipur C.G. 2 - The Commissioner Department Of Scheduled Caste And Scheduled Tribe Welfare, Chhattisgarh, Raipur C.G. 3 - The Collector Janjgir Champa District Janjgir Champa C.G. 4 - The Assistant Commissioner Tribal Development Department, Janjgir District - Janjgir-Champa (C.G.) ... Respondent(s) (Cause Title is taken from Case Information System) For Review Petitioners : Mr. H. S. Ahluwalia, Advocate For State/ Respondents : Mr. Vinay Pandey, Dy. A.G. 6 Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 29 .01.2025 1. The review petitioners have preferred this review petition praying for review/modification of the order passed by this Court in WPS No. 6069 of 2023 dated 19.11.2024. 2. Learned counsel for the petitioners submits that the petitioners preferred WPS No. 6069 of 2023 along with other connected matters and they were disposed of vide common order dated 19.11.2024. He further submits that the writ petition was filed assailing the order dated 13.06.2023 whereby the State Government had directed the Commissioner, Department of Scheduled Tribes and Scheduled Castes Development to immediately cancel the order thereby granting the revised regular pay-scale to Class-IV employees working under the work-charged and contingency paid fund and also to cancel the appointment order issued in their favor. He contends that the co- ordinate Bench of this Court also while deciding a similar issue in the matter of Maheshwar Dhruv Versus State of Chhattisgarh & Ors. vide order dated 29.09.2021 had also set-aside the impugned order. He further contends that this Court while hearing WPS No. 6069 of 2023 earlier had stayed the effect and operation of the order dated 13.06.2023 but when the matter was heard finally, due to inadvertence, the impugned order dated 13.06.2023 has not been set aside which would stand against the review petitioners and the order passed by this Court dated 19.11.2024 would serve no fruitful purpose in filing the representations before the respondent authorities. He argues that if their appointments and the benefit of revised pay scales granted to 7 them are cancelled, it would affect their careers and livelihoods as they are low-salaried employees entirely dependent on their income. It is submitted that there has been no misrepresentation or foul play on the part of the petitioners and without affording the opportunity of hearing the order dated 13.06.2023 has been passed. At this stage, he prays to modify the order dated 19.11.2024 up to the extent that the impugned order dated 13.06.2023 be set aside and the respondent authorities be directed to issue a fresh order after providing due opportunity of hearing to the petitioners. 3. On the other hand, Mr. Vinay Pandey, learned Deputy Advocate General appearing for the State opposes the submissions made by Mr. Ahluwalia. 4. I have heard learned counsel for the parties and perused the order impugned. 5. The Hon’ble Supreme Court in the matter of Rajnish Kumar Mishra & Others v. State of Uttar Pradesh and Others, (2019) 17 SCC 648 has held that even before cancellation of regularization, the opportunity of hearing is necessary. Paragraph 17 of the judgment reads as under:- “17. As such, apart from the Circular issued by the Registrar General of the High Court, dated 05.11.2009, the appellants' cases were also required to be taken into consideration in view of the exception carved out in the case of State of Karnataka v. Umadevi, (2006) 4 SCC 1. We find that the Committee under the Chairmanship of the Additional District Judge had rightly submitted its report dated 12.07.2012 and the then District 8 Judge had rightly passed the order of regularization on 09.11.2012 granting regularization from 01.06.2012. We find that while considering the representation of some of the employees for promotion, the successor in the office of the District Judge could not have annulled the order of the regularization of the appellants which was done after following the proper procedure. The least that was required to be done was to follow the principles of natural justice by giving an opportunity of being heard to the appellants. We find that the three orders passed by the District Judge dated 16.08.2014 also suffer from violation of the principles of natural justice.” 6. Reverting to the facts of the case in light of the principles laid down by the Supreme Court in the matter of Rajnish Kumar (supra), it is quite apparent that the petitioners were appointed to the post of Class-IV (daily rated employees) vide orders dated 17.06.2015, 30.11.2015 and 30.07.2016, their services were regularized, later on, the order dated 13.06.2023 was passed without affording a due opportunity of hearing to the petitioners, which is in violation of the principle of natural justice but due to inadvertence, the same was not mentioned in the order dated 19.11.2024. 7. 7. Upon a perusal of the order dated 19.11.2024, paras 5 and 6 shall be replaced by the following:- PARA 5: “Taking into consideration the fact that the order impugned was passed by the respondent 9 authorities without affording an opportunity of hearing to the petitioners, the order dated 13.06.2023 is hereby set-aside. Accordingly, the instant writ petition stands allowed. However, the respondent authorities shall be at liberty to issue fresh order(s) only after affording a due opportunity of hearing to the petitioners/affected persons.” 8. Accordingly, the instant review petition is allowed and the direction issued in the impugned order dated 19.11.2024 passed in WPS No. 6069 of 2023 is modified. 9. The aforementioned modifications shall be a part of the original order and paras 5 and 6 shall stand replaced accordingly. Sd/- (Rakesh Mohan Pandey) Judge Ajinkya