^3 ^\^^f C-3) IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (Si N0. <366^ OF 2009 PETITIONERS ^^y •^yy -%/ o"' ^y l^/ ^/ if/ l^ 1. <<Suresh Kumar Banjare s/o Daras Ram Banjare, aged about 34 years, working as cook, at Anusuchit Jati Balak Ashram, Bhathagaon, 2.^ Ram Kumar Suman s/o Lacchiram Suman, aged about 32 years, working as watchman, at Anusuchit Jati Balak Ashram, Bhathagaon. ^ 3. Baratu Ram Ratre s/o Maniram Ratre, aged about 37 years, working as cook, at Anusuchit Jati Balak Ashram, Katekoni, 4.' Kalaram Manhar s/o Salhuram, aged about 30 years, working as waterman, at Anusuchit Jati Balak Ashram, Katekoni, 5.^ Murlidhar Pankaj s/o Hetram Pankaj, aged about 25 years, working as watchman, at Anusuchit Jati Balak Ashram, Katekoni. /' 6. Smt. Madhu Bandhaiya w/o Anand Kuamr Bandhaiya, aged about 22 years, working as cook, at Anusuchit Jati Balak Ashram, Sundarabhatha. 7. Anand Bandhaiya s/o Ghuruwaram Bandhaiya, aged about 28 years, working as waterman, at Anusuchit Jati Balak Ashram, Sundarabhatha, dP c^? 8. Chhat Bai w/o Babu Lal, aged about 28 years, working as cook, at Pre-matric Aadiwasi Kanya Chhatrawas, Kedar, 9. Kaushal Prasad Nirala s/o Dayaram, aged about 27 years, working as waterman at Pre-matric Aadiwasi Kanya Chhatrawas, Kedar, 10 Nohar Singh Sidar, s/o Rajkumar, aged about 21 years, working as cook, at Pre-matric Aadiwasi Kanya Chhatrawas, Bhadisar, 11 Jagannath Prasad Sahu s/o Kamtaram, aged about 25 years, working as waterman, at Pre-matric Aadiwasi Kanya Chhatrawas, Bhadisar 12 Khem Singh s/o Gayaram, aged about 31 years, working as watchman, at Pre-matric Aadiwasi Kanya Chhatrawas, Bhadisar, 13 Kishor Kumar Nirana S/o Nimmu Nirala, aged about 33 years, working as cook, at Pre-matric Aadiwasi Balak Chhatrawas, Sarangarh. 14 Sudarshan Singh Bariha, s/o Chaituram Bariha, aged about 31 years, working as waterman, at Aadiwasi Balak Ashram Sahaspani, 7 {•5) 15 Ajeet Kumar Miri, s/o Achchheram Miri, aged about 20 years, working as watchman, at Navin Balak Ashram, Reda. 16. Smt. Kunti Bade, w/o Harishankar Bade, aged about 27 years, working as cook, at Pre-matric Anusuchit Jati Kanya Chhatrawas, Chhind. 17 Harishankar Bare S/o Rasiya Bare, aged about 30 years, working as waterman, at Pre-matric Anusuchit Jati Kanya Chhatrawas, Chhind. 18 Harilal Bharati s/o Firu Ram Bharati, aged about 37 years, working as watchman, at Pre-matric Balak Ashram, Bardula, 19 Sukhram Khurana s/o Teejram Khuaran, aged about 30 years, working as cook, at Pre-matric Anusuchit Jati Kanya Chhatrawas, Malda (A). 20 Ramanand Lahre, s/o Late Mohan Lahre, aged about 39 years, working as watchman, at Pre-matric Anusuchit Jati Kanya Chhatrawas, Malda (A). 21 Chandrama Prasad Sahu s/o Mahettar Sahu, aged about 23 years, working as waterman, at Pre- matric Anusuchit Jati Kanya Chhatrawas, Malda (A). c^ 22 Dhaneshwar Prasad Bharati, s/o Jyotish Ram Bharati, aged about 24 years, working as cook, at Pre- matric Anusuchit Jati Kanya Chhatrawas, Ulkhar. 23 Dhaniram Kurre s/o Vedram Kurre, aged about 28 years, working as watchman, at Pre-matric Anusuchit Jati Kanya Chhatrawas, Ulkhar. 24 Pappu Ajay s/o Chitakiram, aged about 33 years, working as waterman, at Pre-matric Anusuchit Jati Kanya Chhatrawas, Ulkhar. 25. Smt. Ganeshwari w/o Rameshwar Prasad, aged about 40 years, working as cook, at Pre-matric Anusuchit Jati Kanya Chhatrawas, Hardi. 26 Purushottam Prasad s/o Heeraram, aged about 37 years, working as waterman, at Pre-matric Anusuchit Jati Kanya Chhatrawas, Hardi. 27 Neel Kumar Jolhe s/o Khageram, aged about 23 years, working as watchman, at Pre-matric Anusuchit Jati Kanya Chhatrawas, Hardi. 28 Haldhar Prasad s/o Ghasiram, aged about 38 years, working as cook, at Pre-matric Anusuchit Jati Kanya Chhatrawas, Godam. Cf^ ^" 29 Santram Nirala s/o Daniram, aged about 32 years, working as waternian, at Pre-matric Anusuchit Jati Kanya Chhatrawas, Godam. ^" 30 Trilochan Bhardwaj s/o Budhram Bhardwaj, aged about 20 years, working as watchman, at Pre-matric Anusuchit Jati Kanya Chhatrawas, Godam. ^" 31 Devnarayan s/o Munu Dau Pankaj, aged about 25 years, working as cook, at Pre-matric Anusuchit Jati Kanya Chhatrawas, Bhedwan. ^ 32 Ratan Lal Patel, s/o Chintamani Patel, aged about 24 years, working as waterman, at Pre-matric Anusuchit Jati Kanya Chhatrawas, Bhedwan. / 33 Ramchandra Nirala, s/o Hetram Nirala, aged about 23 years, working as watchman, at Pre-matric Anusuchit Jati Kanya Chhatrawas, Bhedwan. 34 Chhatram Navratan s/o Bholaram, aged about 22 years, working as cook, at Pre-matric Anusuchit Jati Balak Ashram, Malda (A). 3^ 'v^- Dev Lal Ajay s/o Shiv Narayan Ajay, aged about 26 years, working as waterman, at Pre-matric Balak Ashram Bardula. ^') 36 Heerachand Nirala, s/o Jethuram Nirala, aged about 35 years, working as rcook, at at Pre-matric Anusuchit Jati Kanya Chhatrawas, Malda (A). ^" 37 Harishankar Nirala s/o Shyam Lal, aged about 27 years, working as waterman, at Anusuchit Jati Kanya Ashram, Malda (A), f^ 38 Kamal Prasad Ajay, s/o Sahdev Ajay, aged about 29 years, working as watchman, at Pre-matric Balak Ashram, Baldula. 39' Devnarayan Asgale S/o Lachchharam Asgale, aged about 26 years, working as cook, at Pre- matric Anusuchit Jati Kanya Chhatrawas, Lendhra. ^! 40 / 41 Shiv Kumar, s/o Samaru Ram Jangde, aged about 30 years, working as waterman, at Pre-matric Anusuchit Jati Kanya Chhatrawas, Lendhra. Smt. Bhagwati Kurre w/o Bhuneshwar Prasad, aged about 31 years, working as cook, Post Matric- Anusuchit Jati Kanya Chhatrawas, Sarangarh. 42 Rajeshwari Mahilane, D/o Mandheram Mahilane, aged about 28 years, working as cook, at Post - matric Anusuchit Jati Kanya Chhatrawas, Sarangarh. c^ RESPONDENTS 's^"^ 43 Smt. Omeshwari Banjare w/o Heeram Banjare, aged about 32 years, working as waterman, at Post-matric Anusuchit Jati Kanya Chhatrawas, Sarangarh. ^"•'- 44 Bhagirathi Ajay s/o Parasram Ajay, aged about 28 years, working as cook, at Pre-matric Anusuchit Jati Kanya Chhatrawas, Ulkhar. 45 Dinesh Kurre s/o Dhaniram Kurre, aged about 25 years, working as waterman, at Pre-matric Anusuchit Jati Balak Chhatrawas, Koshir. 46 Hori Lal Ratre s/o Situram Rantre, aged about 34 years, working as watchman, at Pre-matric Aadiwasi Chhatrawas, Kedar. All Tashil - Sarangarh, District Raigarh (C.G.) VERSUS 1" State of Chhattisgarh, through Secretary, Department of Tribal Welfare and Development, D.K.S. Bhavan, Raipur (C.G.) Commissioner, Schedule Caste and Schedule Tribe, Development, Raipur (C.G.) 3. Collector (Tribal Development Branch) Raigarh (C.G.) 4. Chief Executive Officer, Janpad Panchayat-Sarangarh, Dist Raigarh. 2. ^ ii (^) a^ WRIT PETITION UN^^ARTICLE 226 OF THE CQNSTITUTION OF INDIA •^. HSGH CGURT OF CHHATTISGAEH AT BILASPUR SB ; HONfBLE SHRI JUSTSCB PRITINKBR DIWAKER W.P..(SS_'IO._30^S2Z2009 PETITIOWBRB yersiis RESPONDENTS Suresh Kumar Baujare & Others State ofC.G. 6& Others WRIT PBTITION UNDBR ARTICLB 226 OF THB CONSTITUTSON OF INDIA Appearance: Shri S.B.Patel, counsel for tlie petitioners. Shri Yashwant Smgh Thakur, Dy. A.G. for fhe State. ORAL OHDBR i02.Q7.2Q09) Heard. The petitioners impugns the order dated 5.6.2009 (Annexure P/ 1) whereby the State Goveniment has decided to niake selection for appoiiitinent on vadous posts, wherever vacaacies are available. The petitioners furfher ioipugned tlie advertisenient dated 17.6.2009 (Aniiexure - P/2). The petitiouers are not ia a position to estabUsh as to ; whether tiieir appoiutmeuts were through proper selection process or they were appointed on the basis of appMcatiou made by the petitiouers. No appoio.tin.ent order has been passed in. regard to the petitioBers, however, ou the basis of att.endan.ee regist.er it is submitted by learaed couusel fliat the petitioners have been worlcing. It appears that the petitioners may have beeu engaged ou casual basis, as contiiigency paid einployees. They were never appotated io. accordance' with fh.e coiistitiitional t r^ scheine of employnient. The nature of appointxuent of th.e petitiouers appears to be purely on daily wages. The same was not done io. accordance wifh inles and as such, tlie petitioners do not acquire aoy right to tiie posts. It is weU settled prmciple of law by a catena of decisions fhat aii employee appoioted de-hors the coustitiitional scheme of eniployBient aiid not iu accordaiice with law, has no light to coutinuation, reiiistatement or regularizatiou m service. This is also not fhe case of the petitiouers fhat tliey were legaUy apporated, in accordan.ee with law. It is clearly estabMshed fhat the appouitinent of the petitioners was not in accordaace wifh law. In view of the above, I do not tmd aiiy merit m this writ petitiou. The writ petition is dismissed, accordio.gly, However, Uberty is reserved to fhe petitioners to participate in. fhe fresh selectiou process, ifso advised. Sd/- Pritinker Diwaker Judge