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2025 DAILYLAW 8025 (CHH)

RAMLAL VACHAM v. STATE OF CHHATTISGARH

WPS/1167/2025 · 2025-02-13

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:7671 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1167 of 2025 1 - Ramlal Vacham S/o Vale Vacham Aged About 40 Years R/o Village- Bedre, Patel Para, Post- Bedre, Bijapur, District- Bijapur (C.G.). 2 - Smt. Shanti Todsam W/o Gopal Rao Todsam Aged About 40 Years R/o Village- Ranibodli, Post- Ranibodli, District- Bijapur (C.G.). 3 - Gautul Sadvali S/o Sammaiya Aged About 50 Years R/o Gram Panchayat Usoor, Post Usoor, Aawapalli District- Bijapur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Tribal Welfare Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.). 2 - The Secretary Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.). Digitally signed by RAGHVENDRA JAT 2 3 - Commissioner Department Of Scheduled Tribe And Scheduled Caste Development, Indrawati Bhawan, Nava Raipur, District- Raipur (C.G.). 4 - Collector Bijapur, District- Bijapur (C.G.). 5 - Assistant Commissioner Tribal Welfare Department, Bijapur, District- Bijapur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Syed Majid Ali, Advocate. For Respondent(s)/ State : Mr. Rishabh Bisen, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 13/02/2025 1. The petitioners have filed this 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 3 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that earlier the State Government has passed various circulars mentioned in circular dated 11.01.2021, however, it was withdrawn.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 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 the similarly situated persons 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. 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 of with a direction to the petitioners to file appropriate representation before the respondent authorities showing all the facts which have been shown before this Court 4 and in turn, the respondent authorities shall consider their case 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 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 writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat