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2026 DAILYLAW 30865 (CHH)

HARINDRA RAM PAIKRA v. STATE OF CHHATTISGARH

WPS/9196/2022 · 2026-08-19

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010410682022 2026:CGHC:37344 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9196 of 2022  Harindra Ram Paikra S/o Shri Bhuneshwar Ram Paikra Aged About 48 Years R/o Chhinddand, Near B. R. Saraswati School, Baikunthpur Korea,, District : Koriya (Baikunthpur), Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through- The Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur,, District : Raipur, Chhattisgarh 2. The Collector Korea, District : Koriya (Baikunthpur), Chhattisgarh 3. The Commisssioner Mahatma Gandhi National Rural Employment Guarantee Scheme, O/o The Development Commissioner, Civil Line Raipur, District : Raipur, Chhattisgarh 4. The Chief Executive Officer Zila Panchayat Korea,, District : Koriya (Baikunthpur), Chhattisgarh 5. The Chief Executive Officer Janpad Panchayat Baikunthpur,, District : Koriya (Baikunthpur), Chhattisgarh ... Respondent(s) For Petitioner : Ms. Kusum Lalchandani, Advocate For State : Mr. Vivek Mishra, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 20.8.2026 1) By way of this petition, the petitioner has sought following reliefs:- 10.1 To call for the records of the case for the kind perusal of this Hon'ble Court. 10.2 To issue an appropriate writ or order and set aside the order dated 18.07.22 (Annexure P-1) passed by respondent no.4 is illegal and bad. Digitally signed by AJINKYA PANSARE Date: 2026.08.20 14:44:01 +0530 2 10.3 To issue an appropriate writ or order the respondents may be directed to extend employment to the petitioner from the date of termination. 10.4 Any other relief deemed fit in the facts and circumstances of the case may also be granted. 2) Facts of present case are that petitioner was appointed to the post of Technical Assistant on contract basis by Collector, Korea vide order dated 20.3.2012 and services of petitioner were extended from time to time. Surprisingly, the contractual employment of petitioner was terminated by Chief Executive Officer, Zila Panchayat Korea vide order dated 18.7.2022 on the ground that ACR of petitioner pertaining to year 2021-22 was graded “Average” and one months’ wage was paid as per Rule 11(5) of C.G. Civil Services (Samvida Niyam) Rules, 2012 [hereinafter to be referred as ‘Rules of 2012’]. 3) Learned counsel for the petitioner submits services of petitioner were discontinued solely on the basis of adverse remarks in the ACR of year 2021-22 but the same was never communicated to the petitioner. She further submits that respondent authority should have been afforded opportunity to the petitioner to make representation against the adverse remarks made in the ACR. She also submits that action on the part of respondent authorities is in violation to the principles of natural justice. She prays to allow this petition. 4) On the other hand, learned State counsel submits that services of petitioner were discontinued as per Rule 11(5) of Rules of 2012 and one months’ wage was duly paid to him. He further submits that ACR of year 2021-22 was not the sole basis for discontinuation of service, 3 rather order impugned is a termination simplicitor therefore this petition deserves to be dismissed. 5) Heard. 6) Perusal of order dated 18.7.2022 would reveal that Chief Executive Officer, Zila Panchayat Korea discontinued the services of petitioner on the basis of adverse entries made in ACR of year 2021-22. However, having considered the fact that said ACR was never communicated to the petitioner, this petition is hereby being disposed reserving liberty in favor of petitioner to make a representation seeking upgradation of remarks awarded in ACR of year 2021-22. 7) The competent authority shall now provide the petitioner an opportunity to represent against the ACR and based on the decision on the petitioner’s representation the competent authority shall consider the issue afresh concerning continuation of contract employment of petitioner. 8) With the aforesaid direction, this petition is disposed. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a