1 2026:CGHC:22441 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1648 of 2022 1 - Sanjay Kumar Bhagat S/o Sh. Ram Gopal Aged About 43 Years Working As Fitter, Govt. Iti Dondilohara, District Balod (Chhattisgarh) R/o 6/29 Anaj Line, Supela Market, Supela, Bhilai Nagar, District Durg (Chhattisgarh) Pin 490023, District : Durg, Chhattisgarh 2 - Hulesh Kumar S/o Jagannathiya Aged About 51 Years Working As Machinist, Govt. Iti Dondilohara, District Balod Chhattisgarh. R/o Village Piperdula, Post Sarsinwa, Block Bilaigarm, District Baloda Bazar (Chhattisgarh) Pin 493559, District : Balodabazar-Bhathapara, Chhattisgarh 3 - Shashikant Sahu, S/o Sh. Chunnu Ram Sahu Aged About 40 Years Working As Machinist, Govt. Iti Dondilohara, District Balod (Chhattisgarh) R/o Ward- 58, Om Nagar, Urla, Durg, District Durg Chhattisgarh, District : Durg, Chhattisgarh 4 - Gulab Kurre S/o Sh. Khem Das Kurre Aged About 48 Years Working As Engg. Drawing/ Wc And S, Govt. Iti Dondilohara, District Balod (Chhattisgarh) R/o Ward- 40, Kela Badi, Post Ka, Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh 5 - Naresh Kumar Thakur S/o Sh. Tivrakhan Thakur, Aged About 49 Years Working As Machinist, Govt. Iti Bhilai, District Durg (Chhattisgarh) R/o Qu. No.- 41, T.T.C. Colony, Mana Camp, Post Mana Camp, District Raipur (Chhattisgarh) Pin 491226, District : Raipur, Chhattisgarh 6 - Samina Khan W/o Sh. Salim Khan, Aged About 46 Years Working As Copa, Govt. Iti Bhilai, District Durg (Chhattisgarh) R/o B-Block Dahalia- 485, Talpuri, Bhilai Nagar, District Durg (Chhattisgarh) Pin 490006, District : Durg, Chhattisgarh NIRMALA RAO 2 7 - Mohanish Khare S/o Sh. Jay Kumar Khare, Aged About 40 Years Working As Electrician, Govt. Iti Mungeli, District Mungeli (Chhattisgarh) R/o Sai-Kuti, Lafagarh Gas Godam Road, Ward No.-14, Shubham Vihar, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 8 - Aaskaran Das S/o Sh. Pardishi Ram, Aged About 38 Years Working As Copa, Govt. Iti Mungeli, District Mungeli Chhattisgarh. R/o Village- Darri, Post Temari, Th.- Navagarh, District Bemetara Chhattisgarh, District : Bemetara, Chhattisgarh 9 - Neelkanth Janghel S/o Sh. Baldoo Ram Janghel, Aged About 44 Years Working As Fitter, Govt. Iti Durg, District Durg (Chhattisgarh) R/o Raj Kirana Store, Arya Nagar, Khoka, Bhilai, Nagar, District Durg Chhattisgarh, District : Durg, Chhattisgarh 10 - Battini Kumar S/o Sh. Ramlu Aged About 46 Years Working As Motor Mechanic Vehicle, Govt. Iti Durg, District Durg (Chhattisgarh) R/o Ward-26, Camp-2, Behind Of Jawahar Market, Mahatma Gandhi Nagar, Bhilai Nagar, District Durg (Chhattisgarh) Pin- 490001, District : Durg, Chhattisgarh 11 - Macherla Jyoti Prasad S/o Sh. M. Bhaskar Rao Aged About 44 Years Working As Diesel Mechanic, Govt. Iti Durg, District Durg Chhattisgarh. R/o Ward-24, Samta Colony, Behind Of D Mart, B.M.Y. Charoda, District Durg Chhattisgarh. Pin 490025, District : Durg, Chhattisgarh 12 - Rajeev Singh Kalchuri S/o Sh. Rup Singh Kalchuri Aged About 39 Years Working As Turner, Govt. Iti Durg, District Durg Chhattisgarh. R/o Street No. -Npa Qu.No. 4/d, Zone-1, Sector-11, Bhilai Nagar, District Durg (Chhattisgarh) Pin 490011, District : Durg, Chhattisgarh 13 - Anand Kumar Ratre S/o Sh. Bulangi Ram Ratre Aged About 52 Years Working As Electrician, Govt. Iti Arang, (Chhattisgarh) R/o Gram- Barauda, Post Rakhi New Raipur, Th.- Arang, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 14 - Murtuza Daudi S/o Sh. Hamid Ali Daudi, Aged About 42 Years Working As Fitter, Govt. Iti Bhilai, District Durg (Chhattisgarh) R/o 32/b, Street-02, Ullash Nagar, Khoka, Supela, Bhilai Nagar, District Durg (Chhattisgarh) Pin- 490023, District : Durg, Chhattisgarh 15 - Smt. Reeta Puri W/o Sh. Arvind Kumar Aged About 42 Years Working As Fitter, Govt. Iti Bhilai, District Durg (Chhattisgarh) R/o Puri Iti Kurad Road, Kohka, District 3 Durg Chhattisgarh, District : Durg, Chhattisgarh 16 - Chhannu Lal Piyush S/o Sh. Shankar Lal Piyush, Aged About 53 Years Working As Diesel Mechanic, Govt. Iti Bhilai, District Durg (Chhattisgarh) R/o Qu. No.-H/13, Govt. Iti Colony, Shankar Nagar, Chhawani, Bhilai Nagar, District Durg (Chhattisgarh) Pin- 490001, District : Durg, Chhattisgarh 17 - Bhupendra Singh Thakur S/o Sh. Jadunath Singh Thakur, Aged About 44 Years Working As Instrument Mechanic, Govt. Iti Bhilai, District Durg (Chhattisgarh) R/o Village- Surdung, Post Surdung, District Durg (Chhattisgarh), District : Durg, Chhattisgarh 18 - A Someshwar Rao S/o Sh. A. Bairagi Aged About 48 Years Working As Fitter, Govt. Iti Kawardha R/o Cross Street No.-04, Qu.-17/c, Sector-05, Bhilai Nagar, District Durg (Chhattisgarh) Pin- 490001, District : Durg, Chhattisgarh 19 - Hemnath Sinha S/o Sh. Shatruhan Lal Sinha, Aged About 39 Years Working As Fitter, Govt. Iti Kawardha R/o Street No.- 34, Qr-2/e, Zone-2, Sector-11, Khursipar, Bhilai Nagar, District Durg (Chhattisgarh) Pin- 490011, District : Durg, Chhattisgarh 20 - Omlata Sahu D/o Sh. Puranik Ram Sahu, Aged About 42 Years Working As Copa, Govt. Iti Palari (Baloda Bazar) R/o Avanti Bai Chowk, Near Petrol Pump, Kohka, Bhilai Nagar, District Durg (Chhattisgarh) Pin- 490023, District : Durg, Chhattisgarh 21 - Devendra Kumar Singh S/o Sh. A.K. Singh, Aged About 44 Years Working As Fitter, Govt. Itio Sitapur, District Surguja (Chhattisgarh) R/o Old Society Street, Near Advocate, Udayraj Tiwari House, Godhanpur, Ambikapur (Sarguja), District : Surguja (Ambikapur), Chhattisgarh 22 - Narendra Sinha S/o Sh. Suresh Prasad Sinha, Aged About 46 Years Working As Welder Govt. Iti Ambikapur, Surguja (Chhattisgarh) R/o Hotal Awadh Joda Pipal Ambikapur, Surguja (Chhattisgarh) Pin- 497001, District : Surguja (Ambikapur), Chhattisgarh 23 - Ajay Kumar Mishra S/o Sh. Shyam Lal Mishra, Aged About 45 Years Working As Fitter, Govt. Iti Ambikaupur, Surguja (Chhattisgarh) C/o Narendra Sinha Infront Of Sinha Advocate Joda Pipal, Ambikapur, Surguja (Chhattisgarh), District : Surguja (Ambikapur), Chhattisgarh 4 24 - K. Jakab S/o Sh. K. Seetaiah Aged About 49 Years Working As Fitter, Govt. Iti Sakti R/o Street No. 35, Block 3/ee, Zone-2, Sector-11, Khursipar, Bhilai Nagar, District Durg (Chhattisgarh) Pin- 490011, District : Durg, Chhattisgarh 25 - Santosh Kumar Hansraj, S/o Sh. Samay Lal, Aged About 46 Years Working Electrician, Govt. Iti Janjgir, R/o Dmq Adarsh Nagar, Kusmunda, Th. Katghora, District Korba (Chhattisgarh), District : Korba, Chhattisgarh 26 - Girish Pachouri S/o Sh. P.I. Pachouri, Aged About 54 Years Working As Welder Govt. Iti Hathbandh C/o Pachouri Niwas Brahampuri, Mahamaya Ward, Raipurraipur (Chhattisgarh) Pin- 492001, District : Raipur, Chhattisgarh 27 - Sanjeev Kumar Verma S/o Sh. Ramchandra Verma Aged About 50 Years Working As Engg. Drawing Wc And S, Govt. Iti Bhanupratappur, District Kanker (Chhattisgarh) R/o Gram Kodiya, Post Kodiya, Via Nandini Tahsil Dhamdha, District Durg (Chhattisgarh) Pin- 490036, District : Durg, Chhattisgarh 28 - Suraj Kumar Sahu S/o Sh. M.L. Sahu, Aged About 48 Years Working As Engg. Drawing/ Wc And S, Govt. Iti Antaghar, District Kanker (Chhattisgarh) R/o Street No. 10, Bloc-10/a, Sector-07, Bhilai Nagar, District Durg (Chhattisgarh) Pin 490006, District : Durg, Chhattisgarh 29 - Mahendra Kumar Verma S/o Sh. Pushkar Singh Verma, Aged About 49 Years Working As Electrician, Govt. Iti Charama, District Kanker Chhattisgarh, R/o Gram Semari Post Darbar- Mokhli Patan, District Durg (Chhattisgarh) Pin- 491111, District : Durg, Chhattisgarh 30 - Liladhar Sahu S/o Sh. Puranik Ram Sahu, Aged About 45 Years Working As Fitter, Govt. Iti Mana Raipur, District Raipur Chhattisgarh. R/o Mig 1/93, Hudco Sector, Bhilai Nagar, District Durg (Chhattisgarh) Pin- 490009, District : Durg, Chhattisgarh 31 - Shivendra Kumar Upadhayay S/o Sh. Bhuvneshwar Upadhayay, Aged About 47 Years Working As Driver Cum Mechanic, Govt. Iti Mana Raipur, District Raipur (Chhattisgarh) R/o Thakkarbapa, Ekta Nagar Sector-03, Qu- 1/f, Gudiyari, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 5 32 - Reena Kalchuri D/o Sh. Rup Singh Kalchuri, Aged About 42 Years Working As Copa Govt. Iti Patan, District Durg (Chhattisgarh) R/o Street No.- Npa Qu.No.-4/d, Zone-1, Sector-11, Bhilai Nagar, District Durg (Chhattisgarh) Pin- 490011, District : Durg, Chhattisgarh 33 - Mithlesh Kumar Patel S/o Sh. Ram Milan Patel Aged About 45 Years Working As Electrician, Govt. Iti Saraipali, District Mahasamund (Chhattisgarh) R/o Ward No. 14, T.T.C. Colony Mana Camp Raipur 492015, District : Raipur, Chhattisgarh 34 - Sanjay Kumar Mishra, S/o Sh. Bhagwandin Mishra, Aged About 38 Years Working As Copa, Govt. Iti Mahasamund, District Mahasamund (Chhattisgarh) R/o Shankar Nagar, Durg District Durg, District : Durg, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Chief Secretary, Chhattisgarh Govt. Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Principal Secretary Chhattisgarh Govt. Koshal Vikas Technical Education And Rojgar Department Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Principal Secretary Chhattisgarh Govt. Man Power And Planning Department Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh, District : Raipur, Chhattisgarh 4 - Secretary, Chhattisgarh Govt. Koshal Vikas Technical And Rojgar Department Mahanadi Bhawan, Mantralaya, New Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 5 - Director, Directorate Employment And Training, 1st Floor, 4th Block, Indrawati Bhawan, New Raipur Chhattisgarh, District : Raipur, Chhattisgarh 6 - Joint Director (Training) Directorate Employment And Training, 1st Floor 4th Block, Indrawati Bhawan, New Raipur Chhattisgarh, District : Raipur, Chhattisgarh 7 - Joint Director (Establishment) Directorate Employment And Training, 1st Floor 4th Block, Indrawati Bhawan, New Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 6 8 - Joint Director (Training) Industrial Training Institutes Raipur Zone, Chhattisgarh, District : Raipur, Chhattisgarh 9 - Joint Director (Training), Industrial Training Institutes Bilaspur Zone, Chhattisgarh., District : Bilaspur, Chhattisgarh 10 - Joint Director (Training) Industrial Training Institutes Durg Zone, Chhattisgarh, District : Durg, Chhattisgarh 11 - Joint Director (Training) Industrial Training Institutes Ambikapur Zone, Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh 12 - Joint Director (Training), Industrial Training Institutes Bastar Zone, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 13 - Principal/ Training Superintendent/ Institute Incharge, Govt. Industrial Training Institute, Govt. Bhanupratapur, District Kanker Chhattisgarh, District : Kanker, Chhattisgarh 14 - Principal/ Training Superintendent/ Institute Incharge, Govt. Industrial Training Instiute, Antaghar, District Kanker Chhattisgarh, District : Kanker, Chhattisgarh 15 - Principal/ Training Superintendent/ Institute Incharge, Govt. Industrial Training Institute, Bhilai, District Durg Chhattisgarh, District : Durg, Chhattisgarh 16 - Principal/ Training Superintendent/ Institute Incharge, Govt. Industrial Training Institute, Charama, District Kanker Chhattisgarh, District : Kanker, Chhattisgarh 17 - Principal/ Training Superintendent/ Institute Incharge, Govt. Industrial Training Institute, Mungeli, District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh 18 - Principal/ Training Superintendent/ Institute Incharge, Govt. Industrial Training Institute, Durg, District Durg Chhattisgarh, District : Durg, Chhattisgarh 19 - Principal/ Training Superintendent/ Institute Incharge, Govt. Industrial Training Institute, Arang Chhattisgarh., Chhattisgarh 7 20 - Principal/ Training Superintendent/ Institute Incharge, Govt. Industrial Training Insitute, Mana Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 21 - Principal/ Training Superintendent/ Institute Incharge, Govt. Industrial Training Institute, Dondilohara, District Balod Chhattisgarh, District : Balod, Chhattisgarh 22 - Principal/ Training Superintendent/ Institute Incharge, Govt. Industrial Training Institute, Kawardha Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh 23 - Principal/ Training Superintendent/ Institute Incharge, Govt. Industrial Training Institute, Palari (Baloda Bazar) Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh 24 - Principal/ Training Superintendent/ Institute Incharge, Govt. Industrial Training Institute, Sakti Chhattisgarh., Chhattisgarh 25 - Principal/ Training Superintendent/ Institute Incharge, Govt. Industrial Training Institute, Sitapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 26 - Principal/ Training Superintendent/ Institute Incharge, Govt. Industrial Training Institute, Janjgir Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 27 - Principal/ Training Superintendent/ Institute Incharge, Govt. Industrial Training Institute, Ambikapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 28 - Principal/ Training Superintendent/ Institute Incharge, Govt. Industrial Training Institute, Patan, District Durg Chhattisgarh., District : Durg, Chhattisgarh 29 - Principal/ Training Superintendent/ Institute Incharge, Govt. Industrial Training Institute, Hathbandh Chhattisgarh., Chhattisgarh 30 - Principal/ Training Superintendent/ Institute Incharge, Govt. Industrial Training Institute, Saraipali, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 8 31 - Principal/ Training Superintendent/ Institute Incharge, Govt. Industrial Training Institute, Mahasamund, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ... Respondent(s) For Petitioner/s : Mr. Aishwarya Kumar Dubey, Advocate. For Respondent/ State : Mr. Vinay Pandey, Dy.A.G. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 13.5.2026 1) This petition has been preferred under Article 226 of the Constitution of India by 34 petitioners seeking following reliefs: “10.1 For issuance of an appropriate writ, order or direction, especially a writ in the nature of Certiorari for quashing the order no. 30 dated 10.01.2022 (Annexure P-5) issued to petitioner no. 1 to 4, order no. 188/4 dated 16.02.2022 (Annexure P-6) issued to petitioner no. 5 to 6, order no. 864 dated 07.01.2022 (Annexure P-7) issued to petitioner no. 7 to 8, order no. 510/3 dated 14.02.2022 (Annexure P-8) issued to petitioner no. 9 to 12, order no. 56 dated 15.02.2022 (Annexure P-9) issued to petitioner no. 13, order no. 3914/4 dated 12.01.2022 (Annexure P-10) issued to petitioner no. 14 to 17, order no. 148/3 dated 08.02.2022 (Annexure P- 11) issued to petitioner no. 18, order no. 146/3 dated 08.02.2022 (Annexure P-12) issued to petitioner no. 19, order no. 12/4 dated 06.01.2022 (Annexure P-13) issued to petitioner no. 20, order no. 66 dated 11.02.2022 (Annexure P. 14) issued to petitioner no. 21, order no. 116 dated 08.02.2022 (Annexure P-15) issued to petitioner no. 22, order no. 114 dated 08.02.2022 (Annexure P-16) issued to petitioner no. 9 23, order no. 182 dated 14.02.2022 (Annexure P-17) issued to petitioner no. 24 and order no. 95 dated 11.02.2022 (Annexure P-18) issued to petitioner no. 25, whereby the petitioners have been relieved/discontinue from services by their concerned principle, further quashing the action of the respondents authority whereby the petitioner no. 26 to 34 have been refused principles to come present in the institute by their concerned principles after completion of their last contractual extension being wrong, illegally, non- speaking and has been passed by ignoring the principal of natural justice, without any notice/personal hearing and against the constitution of India and also is the major penalty to the petitioners. 10.2. Further for quashing the letter no. 156 dated 10.02.2022 (Annexure P-19) issued by respondent department whereby the respondent department seeking permission regarding issuing advertisement on guest faculty for the same post where the petitioners are working since last 15 years. 10.3. Further issuance of an appropriate writ, order or direction for directing the respondents to reinstate the petitioners on their respective posts from the date of completion of their last extension, in the interest of justice and further allow them to continue working against their respective posts on contract basis till the regularly selected candidates become available in view of the law laid down by the Hon'ble Supreme Court especially in case Hargurpratap Singh and others V/s State of Punjab and others. 10 10.4 The similarly situated persons also challenged their relieving order by way of filing the WPS no. 3218 of 2016, WPS 3250 of 2016, WPS 3240 of 2016, WPS 3228 of 2016, WPS 3234 of 2016 and WPS 3239 of 2016 with a further prayer to allow them to continue working on contract basis against their respective posts till the regularly selected candidates become available, in which the Hon'ble High Court grant the interim relief to all the candidates vide order dated 22.08.2016, 25.09.2017 and 03.01.2018 wherein the Hon'ble Court has observed that if the petitioners are continuing in service as on the date, shall be allowed to continue in service until further order (Annexure P-24) Collectively. 10.5. It is further prayed that this Hon'ble Court may issue any other writ, order or direction as it may deem fit in the facts and circumstances of the present case. 10.6. The petitioners had produced the records which were available with them, however respondents may be directed to produce the entire record pertaining to the subject area of present case. 10.7. Any other relief which this Hon'ble Court deems fit may be awarded in favour of the petitioner.” 2) The facts, in a nutshell, are that the applications were invited for various categories of posts in different Industrial Training Institutes in the State of Chhattisgarh between 2006 to 2009 to fill up guest faculties for a period of one year or till regular appointments were made. The petitioners submitted their application forms and participated in the recruitment process. Thereafter, the Selection Committee, after evaluating their academic merit, recommended 11 their names for appointment against the respective posts. The petitioners were appointed on a consolidated pay-scale on contractual basis under the Chhattisgarh Civil Services (Contract Appointment) Rules, 2012 (for short ‘Rules, 2012’). The list depicting the names of the petitioners, dates of initial appointment, trade and institutions are as under: Sr. No. Name of Petitioners Trade Date of initial Joining Institute 1. Sanjay Kumar Bhagat Fitter 30-06-2009 Govt. ITI Dondilohara, Dist- Balod (C.G.) 2. Hulesh Kumar Machinist 07-10-09 Govt. ITI Dondilohara, Dist- Balod (C.G.) 3. Shashikant Sahu Machinist 12-10-09 Govt. ITI Dondilohara, Dist- Balod (C.G.) 4. Gulab Kurre Engg. Drawing/ WC&S (C.G.) 08-02-10 Govt. ITI Dondilohara, Dist- Balod 5. Naresh Kumar Thakur Machinist 12-10-09 Govt. ITI Bhilai, Dist-Durg (C.G.) 6. Samina Khan COPA 16-10-2009 Govt. ITI Bhilai, Dist-Durg (C.G.) 7. Mohanish Khare Electrician 15-10-2009 Govt. ITI Mungeli, Dist- Mungeli (C.G.) 8. Aaskaran Das COPA 15-10-2009 Govt. ITI Mungeli, Dist- Mungeli (C.G.) 9. Neelkanth Fitter 12-10-09 Govt. ITI Durg, Dist-Durg (C.G.) 10. Battini Kumar Motor Mechanic Vehicle 05-10-09 Govt. ITI Durg, Dist-Durg (C.G.) 11. Macherla Jyoti Prasad Diesel Mechanic 05-10-09 Govt. ITI Durg, Dist-Durg (C.G.) 12. Rajeev Singh Kalchuri Turner 09-10-09 Govt. ITI Durg, Dist-Durg (C.G.) 13. Anand Kumar Ratre Electrician 08-03-07 Govt. ITI Arang, (C.G.) 14. Murtuza Daudi Fitter 26-06-2009 Govt. ITI Bhilai, Dist-Durg (C.G.) 12 15. Smt. Reeta Puri Arvind Kumar Fitter 08-03-07 Govt. ITI Bhilai, Dist-Durg (C.G.) 16. Chhannu Lal Piyush Diesel Mechanic 09-02-10 Govt. ITI Bhilai, Dist-Durg (C.G.) 17. Bhupendra Singh Thakur Instrument Mechanic 05-02-10 Govt. ITI Bhilai, Dist-Durg (C.G.) 18. A. Someshwer Rao Fitter 29-09-2009 Govt. ITI Kawardha 19. Hemnath Sinha Fitter 29-09-2009 Govt. ITI Kawardha 20. Omlata Sahu COPA 11-02-10 Govt. ITI Palari (Baloda Bazar) 21. Devendra Kumar Singh Fitter 06-10-09 Govt. ITI Sitapur, Distt. Surguja (C.G.) 22. Narendra Sinha Welder 05-06-09 Govt. ITI Ambikapur, Surguja, (C.G.) 23. Ajay Kumar Mishra Fitter 01-06-09 Govt. ITI Ambikapur, Surguja, (C.G.) 24. K. Jakab Fitter 08-10-09 Govt. ITI Sakti 25. Santosh Kumar Hansraj Electrician 11-02-10 Govt. ITI Janjgir 26. Girish Pachouri Welder 09-03-07 Govt. ITI Hathbandh 27. Sanjeev Kumar Verma ENGG. Drawing/ WC&S 09-03-07 Govt. ITI Bhanupratappur, Dist-Kanker (C.G.) 28. Suraj Kumar Sahu ENGG. Drawing/ WC&S 12-3-07 Govt. ITI Antaghar, Dist- Kanker (C.G.) 29. Mahendra Kumar Verma Electrician 07-10-09 Govt. ITI Charama, Dist- kanker (C.G.) 30. Liladhar Sahu Fitter 12-03-07 Govt. ITI Mana Raipur, Dist- Raipur (C.G.) 31. Shivendra Kumar Upadhayay Driver Cum Mechanic 15-06-2009 Govt. ITI Mana Raipur, Dist- Raipur (C.G. 32. Reena Kalchuri COPA 12-03-07 Govt. ITI Patan, Distt-Durg, (C.G.) 33. Mithlesh Kumar Patel Electrician 07-10-09 Govt. ITI Saraipali Distt- Mahasamund (C.G.) 34. Sanjay Kumar Mishra COPA, 25-06-2009 Govt. ITI Mahasamund, Distt Mahasamund CG 13 The services of the petitioners were extended from time to time and they rendered approximately 15 to 18 years of continuous service. The services of some of the petitioners were discontinued and thereafter, they were either reengaged or replaced by another set of contractual employees. 3) Learned counsel for the petitioners would submit that the services of the petitioners were discontinued and subsequently reinstated. He would contend that the respondent department issued a letter dated 10.2.2022 seeking permission to issue an advertisement for the post of Guest Faculty, whereas the petitioners are working on the said posts for the last 15 to 18 years. He would contend that contractual appointees can only be replaced by regularly selected candidates and not by contractual appointees. He would submit that claims of the petitioners No.7, 8, 21, 24, 25 and 34 with regard to reinstatement have not been considered, whereas the other petitioners are still working as Guest Faculty under the respondents. He would submit that the action of the respondent authorities is arbitrary, discriminatory and violative of Articles 14 & 16 of the Constitution of India. It is also contended that the petitioners are serving with the respondents since 15-18 years, and therefore, the respondent authorities should consider their claim for continuation in service as well as regularization. He would submit that services of the petitioner No.7, 8, 21, 24, 25 and 34 were discontinued without affording opportunity of hearing, 14 therefore direction may be issued to the respondent authorities to consider their claims for reinstatement. 4) Learned counsel for the petitioners has placed reliance on the judgments passed by the Hon’ble Supreme Court in Ratan Lal and Others vs. State of Haryana and Others, reported in (1985) 4 SCC 43; Hargurpratap Singh vs. State of Punjab and Others, reported in (2007) 13 SCC 292; and Manish Gupta and Another vs. President, Jan Bhagidari Samiti and Others, reported in 2022 LiveLaw (SC) 406. 5) On the other hand, learned counsel for the State would oppose. He would submit that the petitioners were not appointed against sanctioned vacant posts. It is contended that the petitioners were appointed on a contractual basis for a period of one year and therefore, they cannot claim continuation of service or regularization. It is argued that agreements were entered into between the petitioners and the department and petitioners cannot be permitted to go beyond terms of agreements. He would submit that the petitioners were appointed as Guest Faculty according to Rules, 2012. He would contend that the petitioners have no indefeasible right to claim continuation of service in contravention of the agreements entered into between the parties. It is also contended that services of some of the petitioners were discontinued way-back and such petitioners cannot be permitted to claim continuation of their services. He has placed reliance on the judgment passed by the Hon’ble Supreme Court in Secretary, 15 State of Karnataka and Others vs. Uma Devi and Others, reported in 2006(4) SCC 1. 6) I have heard learned counsel for the parties and perused the documents present on record. 7) The petitioners, except petitioners No.7, 8, 21, 24, 25 and 34 are presently working with respective institutions and have claimed continuation of their services till the regularly selected candidates become available. 8) The Hon’ble Supreme Court in the matter of Hargurpratap Singh (supra), has categorically held that ad hoc and contractual teachers should not ordinarily be displaced by another ad hoc arrangement. 9) Taking into consideration the facts and circumstances of the case and the law laid down by the Hon’ble Supreme Court in the matter of Hargukrpratap Singh (supra), the petitioners cannot be replaced by another set of contractual teachers or ad hoc appointees. Accordingly, the relief sought by the petitioners with regard to continuation in service till regular appointments are made is hereby granted. 10) With regard to reinstatement of petitioners No.7, 8, 21, 24, 25 and 34, since their services were discontinued without affording them a proper opportunity of hearing, and the services of similarly situated contractual employees/ appointees were considered for continuation by the respondent authorities, thus, the action on the 16 part of the respondent authorities appears to be discriminatory. Accordingly, petitioners No.7, 8, 21, 24, 25 and 34 are permitted to submit detailed representations claiming reinstatement in service. If such representation(s) is/are made, the respective respondents are directed to consider their claims in light of the observations made herein above, preferably, within a period of 60 days from the date of receipt of a copy of this order. 11) With the aforesaid observation(s) and direction(s), this petition is disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Nimmi