1 CGHC010059432022 2026:CGHC:31172 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1141 of 2022 1 - Dev Kumar Chaudhary S/o Shri Rajkumar Chaudhary, Aged About 40 Years R/o Majhaipara Ward 16, Karwa Karwan, Surajpur, District Surajpur (C.G.) Pin Code No. 497001 ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Development Matralaya, Mahanadi Bhawan, Atal Nagar New Raipur District Raipur (C.G.) 2 - The Assistant Commissioner (Tribal Development) Surajpur District Surajpur (C.G.) 3 - The Collector, Surajpur District Surajpur (C.G.) 4 - District Education Officer, Surajpur District Surajpur (C.G.) 5 - Block Education Officer, Surajpur District Surajpur (C.G.) 6 - Headmaster/principal Government Primary School Khalpara, Karwa, Coordinate Center, Karwa, Block Surajpur District Surajpur (C.G.) ... Respondent(s) For Petitioner : Mr. Amit Kumar Sharma, Advocate For State/ Respondents : Mr. Vinay Pandey, Dy. A.G. Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 22.7.2026 1) Learned counsel for the petitioner submits that petitioner was working on the post of Part-Time Sweeper in Govt. Primary Digitally signed by AJINKYA PANSARE Date: 2026.07.22 17:05:54 +0530 2 School-Khalpara, District- Surajpur (C.G.) from the year 2012. He further submits that without assigning reason, services of petitioner were discontinued vide order dated 30.7.2012 by Assistant Commissioner (Tribal Development), Surajpur and another Part-Time Sweeper was appointed. He contends that a temporary employee cannot be replaced by another temporary employee. He further contends that action on the part of respondent authorities is arbitrary, illegal and mala-fide. He prays that a direction may be issued to the concerned Collector and Assistant Commissioner (Tribal Development) to consider the claim of petitioner for appointment on the said post. 2) On the other hand, learned State counsel submits that petitioner was not appointed according to constitutional mandate. He further submits that petitioner failed to place on record any document to demonstrate that he was appointed against any sanctioned and vacant post. He contends that petitioner also failed to establish that another sweeper was appointed and no document has been placed on record in this regard. He contends that if any person was appointed against the said post, he has not been arrayed as respondent, therefore, this petition deserves to be dismissed. 3) I have heard learned counsel for the parties and perused the documents placed on record. 4) Taking into consideration the submissions made hereinabove, without commenting anything on the merits of the case, this petition is disposed reserving liberty in favor of petitioner to prefer 3 a representation within period of 30 days before the concerned Collector and Assistant Commissioner (Tribal Development), who in turn are directed to to decide such representation, if so moved by the petitioner expeditiously, strictly in accordance with law. 5) With the aforesaid direction(s), instant writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a