1 2025:CGHC:59631-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 899 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. ... Appellant(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. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.12.10 10:20:35 +0530 2 5. District Education Officer Bilaspur, District Bilaspur C.G. ... Respondent(s) For Appellant : Mr. Krishna Tandon, Advocate For Respondents/ State : Mr. Y.S. Thakur, Addl. A.G. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Bibhu Datta Guru , Judge 09.12.2025 1. The appellants/ writ petitioners have filed this writ appeal assailing the order dated 07.08.2025 passed by the learned Single Judge of this Court in WPS No. 7574 of 2025 by which, the learned Single Judge has dismissed the petition filed by the writ petitioners. 2. The present writ appeal has been filed with the following prayer:- “3.1 That, this Hon'ble Court may kindly be pleased to set-aside the order dated 07/08/2025 passed by the Hon'ble Single Judge in Writ Petition (S) No. 7475/2025. 3.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to regularized the services of the appellants who are under the Respondents Authority. 3 3.3 Any other relief in the discretion of this Hon'ble Court.” 3. The learned Single Judge has passed the impugned order dated 07.08.2025 and the operative part of the order is reproduced as under:- “ XXX 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 4 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. 7. I do not find any sufficient ground to grant relief to the petitioners in th present writ petition. The petition fails and is dismissed accordingly. 4. Learned counsel for the appellants submits that the appellants have been working as Peons in respondent No.3 school, a 100% government-aided institution run by the Chhattisgarh Shiksha Samiti, Bilaspur, since 2007, yet their services have not been regularized. Despite respondent No.2 having written to respondent No.1 on 04.08.2022 requesting a decision regarding regularization of Peons in aided schools, the State has taken no action on the said communication. It is submitted that such inaction is arbitrary and contrary to the State’s own circulars governing regularization. Counsel argues that public employment must conform to Articles 14, 16, and 21 of the Constitution, and long-serving employees cannot be left in uncertainty due to administrative apathy. Regularization, it is urged, is essential to ensure fairness and protect the appellants’ livelihood. Accordingly, a direction may be issued to the authorities to regularize the appellants’ services or to 5 decide the pending proposal without further delay. He further prays that the appeal be allowed and the order passed by learned Single Judge be set aside. 5. Learned counsel for the State opposes the submissions made by the appellants and submits that the appellants are employees of a private educational institution, respondent No.3, which, although 100% government-aided, is governed by its own by-laws. Therefore, no order for regularization of their services can be passed by the State authorities. It is further submitted that even though respondent No.2 addressed a letter to respondent No.1 on 04.08.2022, the perusal of the said letter reveals that it was merely forwarding a representation originally made by certain employees to the Hon’ble Chief Minister on 04.04.2022. Consequently, the appellants are not entitled to any direction for regularization of their services with respondent No.3. 6. We have heard learned counsel for the parties and perused the material available in the record. 7. After considering the submissions of learned counsel for the parties and perusing the record, this Court finds no merit in the present writ appeal. It is not in dispute that the appellants are employees of respondent No.3, a private educational institution run by the Chhattisgarh Shiksha Samiti, Bilaspur, which, although fully government-aided institution but, is run in accordance with its own 6 by-laws. The State Government’s role is limited to providing grant- in-aid for sanctioned posts, and there is no direct control over the management of the institution. The letter dated 04.08.2022 from respondent No.2 to respondent No.1 merely forwarded representations originally made to the Hon’ble Chief Minister and does not create any enforceable right in favor of the appellants. In view of the institutional autonomy of respondent No.3 and the absence of any statutory or constitutional obligation on the part of the State to regularize the appellants’ services, no interference is warranted. 8. Further, the scope of interference in an intra-court appeal is limited to cases where the order of the learned Single Judge suffers from patent illegality, perversity, or jurisdictional error. 9. Accordingly, the writ appeal being devoid of merit is liable to be and is hereby dismissed at the motion stage itself. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti