PETITIONERS BEFORE THE HON’BLE HIGH COURT OF CHHA’ITISGARH AT BILASPUR (C.G.) WRIT PETITION(S)N0. éée% /2006 WRIT PETITION UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA. 1. Goverdhan Y-adu, aged about 25 / years, son of‘Shri Hemlal yadu, resident of Science College Colony, Qtr No. C—Q-lO, Raipur, Chhattisgarh. Bhagwan Das Chendak, son of/" Shri Kheti Das Chandak, aged about 30 years, resident of C/o Shri Kheti Das Chandak Bazarpa‘ra, Bemetara, Distt. Durg (Chhattisgarh) Abhilash Kumar Dahayal, agedy, about '25 years, son of Shri Mohan Lal Dahayai, resident of C/o. S.Y. Baxi, A 1/14, Loknayak ' Society, Rohinipuram, Dangania, Raipur Chhattisgarh Nidhi Guptas, aged about 30/ years, resident of C/o. R.C. Gupta MIG 8, Meghmalhar Complex Veer Savarkar Nagar, Heerapur, Raipur, Chhattisgrh Sandeep Kumar Soni, agedv about 26 years, son of Shri Gha’nshyam Soni, resident of Qtr Q) No. 127/C Risali Sector, Bhilai Distt. Durg (Chhattisgarh) Arunesh v Atmapoojya, aged/' about 31 years, son of Shri R.P. Atmapoojya, resident of D—69, P & T Colony, Gaigore Nagar, . Raipur, Distt. Raipur (C.G.) Chitralekha Kabirpanthiw, daughter of Shri Dwarika Prasad Kabirpanthi, aged about 26 years, resident of 36/4 Kabirpanthi Kunj Rad‘nika Nagar, Bhilai, District Durg (C.G.) Miss Lata Smriti Baghei, aged / about 25 years, daughter of Shri M.S. Baghei, resident of C/o, Shri V.S. Baghei, near Baba Drycieaners, Daulat Estate Danganiya, Raipur Chhattisgarh Mrs Kiran'Patel, aged about 24 years, wife. of Dr. R.P. Patel,‘ resident of S. MIG 115, Sector iiwagmresident of Block No. 2/B, Street No.31, Sector 6, Bhiiai Nagar, Distt. Durg (C.G.) , 4, Pt Deen Dayai Upadhyay Nagar, Raipur (C.G.) Miss Durgesh Nandini Dewangan, aged about 29 years, daughter of c.L. 11 11. Mrs. Archana Baghel, aged about 37 years, C/o. Shri Sanjay Baghel, resident of C/o. Shri Sanjay Baghel, H No. 59 Near Rohinipuram Gate, Rohinipuram, Raipur, C.G. 12. Deepak Mahapatra, aged about/ 27 years, son of Late Shri Narendra Mahapatra, Bhairam Deo Ward, Jagdaipur, Bastar (C.G.) 13. Mrs. Rekha Sharma, aged about/ 28 years, wife of Shri Manoj Kumar Sharma, near Sahu Aata Chakki, Choubey Colony, Raipur Chhattisgarh. 14. Mr. Balram Ambade, son of Shri/ B.R. Ambade, aged about 28 years, resident of villae Thakurbandha PO Mudhapar, Tah A. Chowki, distt'. Rajnandgaon (C.G.) 15. Nohar Kumar Dhiwar, age about 27 years, son of Shri Indal Ram resident of PO Korasi, Distt. Raipur (C.G.) 16. Shashikant Tamrakar, son of _ Shri H.L. Tamrakar, aged about 29 years, resident of near Arohi Traers House Sunder Nagar, Raipur, Chhattisgarh. / d Amrita Shukla, aaed about 26V,» years, daughter of Smt. Abha Shukla, and Shri Mahesh Kumar Shukla, resident of Hani Former, Raipur, Distt. Raipur (CG) Kailash Kumar Dhruv, agedfx about 25 years, son of Shri Bisroo Ram Dhruv, resident of MIG II/195, Sector I, D.D.U. Nagar, Raipur, Chhattisgarh. w RESPONDENTS VERSUS The State of Chhattisgarh, J” through — the Secretary, Department of Higher Education, M‘antr'alay, Dau Kalyan Singh Bhawan, Raipur (C.G.) The Secretary Cum Assistant/x Director, Department‘ of Technical Education, Directorate, Raipur (C.G.) The Director, Department of/ Technical Education, Raipur (C.G.) The Deputy Chhattisgarh A Secreta ry,t Government Technicai Education, Janshakti Niyojan, Science and Technoiogy Department, Raipur (C.G.) The Additional Department Director, x of Technical 17. 18. " » “ Education, Directorate, Raipur (C.G.) Pt. Ravishankar Shukla University, through — its Vice Principai Secretary, Government or'Inciia, New Delhi. § x Chanceiior, District (C-G-) Raipur The University Commission, through — its Chairman, Bahadurshah Jafar Marg, New Delhi. Union XI—HC-78 WWW WWW recruitment proceedings initiated by respondent No. 3 vide advertisement of Annexure P-9. Petitioners are lecturers under the establishment of respondent No. Gmunds of the petition are . the petitioners were appointed temporarily on contractual basis for a period of one onth with a stipuiation that on satisfaction and requirement of employer, pedod ould be extended on a fixed pay, however Director: Department of Technical ducation, Raipur —respondent No. 3 has invited appiications for contactual ap Lecturers/Programmers in Govemr Polytechnics vide advertisement dated 22-11-2006 of Annexure P-9 against the same posts on which the petitioners z set up by the respondents for appoin norms of Universitv Grants Com lecturers. The petitioners could not b as work is avaiiable and their paid removed &om the present posts appointment against the posts on w ‘ch the petitioners are working. Therefore, by the instant petition, the petitioners make any appointment on the posts and quash the advertisement of Arm Leamed counsel for the pe cannot be replaced by another cont only a regular employee. Reliance i P.T.O. gue prayed for direction to the respondents not to lecturers on which the petitioners are working ure P—9. t‘ oners submits that services of the petitioners ractual employee and they can be replaced by placed in the matters of Dr. Chanchal Goval d mment of one year for the post of nent Engineering Colleges and Government we serving since last 1% . The eligibility criteria tment vide Annexure P—9 is also contrary to the mission and regulations for appointment of e removed by the respondent authorities so long )rmance is satisfactorv. Thev can also not be s Public Service Commission makes regular s. —v— State of Ra asthan r o ed in 2003 ’ i p ‘ ' This petition is directedv t t s f e i 3am, WE,W “’0 g /2oo é . w-€.CSDNO- Wm oootoyo..§o§o‘ooo0‘o0 8'4; 200 .7 7 1 WW(W) WW§wW ' mmmm ' 3:3T%Wan%31 5—12—20Q6 Shri Samabh Dang, ‘Advo'cat‘: for the petiu'oncm. Slni Somesh Bajaj, Govt. Advocaw for the State. Heard on admission. XI-HC-78 WW,W,W rm‘ 3M Ha 200 mm (W) WWW wmm WW§WW Wwm Z $WW that om the document of annexme P-S, the respondent No. 1 has conununicated its decision and has allowed Govemn .ent Naveen Engneering College, Raipur to cominue with earlier system of teaclmg till regular omcers/employees awe recruited as per rules. It is argued that recruitment of petitionei‘s on the above posts was made on the basis of open advertisement. Their appointment was though initiallv for a period of one month but peiiod could be extended subject to availability of the posts and satisfaction of the employer, however by the advertisement of Annexure P-9, the respondents have initiated teem proceeding for appointment of comet teacher for a period of one year for e same posts against which the petitioners are working. I have heard learned counsel f the petitioners. Ihave perused the documents annexed with the petition. Advertisement of Annexure 9 for recruitment of lecturers / progammers for contract appointment for a period one year has been issued under Chhattisgarh Civil Service (Contract Appointmen Rules, 2004. The advertisement provides for reservation for diEerent classes such as Scheduled Tribes, Scheduled Castes, Other Backward Classes and female. An nom this, due weightage for exper 20 marks). On die other hand, ad ement of Annexure P-l on the basis of which it is claimed that the petitioners re selected has not been issued under any statutory rules. The petitioners have t filed any appointmem order to demonstrate that they were appointed after foil ing due process of selection. Their service conditions shall be governed as their appointment orders in case their appointment was made aner fo wing regulm process of recruitment for appointment. A constitution bench of Supreme Court in the matter of Secretarv. State of Kamataka and others —v- U adevi r rted in 200 4 ' has .T.O. i t - t, i v s e o XI-HC-78 WW,W’$,W ‘ w ~waa...%9 $00 200 WW (W) mww mmm WW§MWI mwm f ’ éawm observed that in order to issuc a mandamus to comyel the authorities to do something it must be shown tha the amte imposes a legal duty on the authority and the aggieved party had a legal ti t under the statute or mle to enforce it. In the instate case, the petitioners have tail to establish that they have any legal right under statute or rule to enforce it So ar as the argument based on the judgment in the matter ofDr. Chanchal Goval ( that adhoc or temporary employee shoul not be replaced by another adhoe d he should be replaced only by a regular employee is concerned, &om the ad ement of Anneme P-l through which the petitioners claim that they were sele ted, it is clear that the post was mmallv a temporary post for a period of one mo th, which could be subsequently extended on ment wd the same was for a fixed pay. P-9 has been issued under C.G. Civil Service (Contract Appointment) Ru 2004 whereby the State Government has named rules for purposes of contract intment. Under certain contingencies when the sovereign State or its instrumentalities wili have to employ persons in posts which are temporary, on daily wages, as additional hmds or taking them in without following the required procedure, to discharge the duties in respect of the posts that are sanctioned and that are required to be tilled in terms of relevant procedure established by the Constitution or for ork in temporary posts or projects that m‘e not needed permanently. This right has b en recogiized by the constitution bench of Supreme Court in para 12 of the abo e judgnent and therefore, contention of the petitioner that their services cannot e replaced by another adhoc or temporary appointee is not acceptable particularly when recruitment proceedings have been initiated as per statutory rules named by the State. Apart horn this, it is open to the petitioners to apply against the advertised posts vide Annexure P-9 which provdes for exna weightage against experience. Since recruitment proceedin have been initiated under the statutorvrules bv the the basis of satisfaction and as per r However. the advertisement of Ann t S ) d 's v ' e e e e l , a o XI—HC-78 o WW(W) mwm ammm mwm WW#‘MW ' I %aw%waa1%¥T L1 respondents and the fact that the peti' Iight to hold the posts which they a recruitment proceedings initiated vide same deserves to be dismissed. Accordingly: the petition is dismissed at admission stage. Consequently; M.Cr.P. 4820/2006 stands disposed of. Sd/— Dhirendra Mishra Judge P.T.O. EW,W€,W Wm.o...o....:.w..o:..‘.,s woPfQ No é'éDg/Lwcw a1 200 Sorters have failed to demonstrate anv legal} re occupying, instant petition for washing Annexure P-9 is devoid of substance and the