l^ HIGH COURT OF CHHATTISGARH AT BILASPUR Coram: Petitioners Hon'ble Shri Dhirendra IVIJshra & Hon'bSe Shri R.N. Chandrakar. JJ WritADDealNo.109of2011 1, Chandra Kumar Bhoi. S/o Shri Usatram Bhoi, aged about 39 years, R/o Village- Akashkhar, Post Raikin 2. Lalrt Kumar Patel. S/o Shri Ayodhya Prasad Patel, aged about 36 years, Post-Kalendra, R/o Viliage Dampali 3. Rajesh Kumar Bariha, S/o Shri Chatrubhuj Bariha, aged about 39 years, R/o Village Manpali, Post-Putka 4. Ashok Kumar Sahu, S/o Shri Lal Bihari Sahu, aged about 37 years.R/o Village- Jamdalkha, Post-Singhoda 5. Sampat Lal Kathar, S/o Shri Ganesh Ram Kathar, aged about 39 years, R/o Village Makarmuta, Post-Singhoda 6. Uttar Kumar Pradhan, S/o Shri Goverdhan Pradhan, aged about 39 years, R/o Village-Joba, Post Pandripani, All appellant No.1 to 6 R/o Block & Tahsil Saraipali, Distt. Mahasamund (CG) Vs. Respondents State of Chhattisgarh, through: Secretary, Panchayat and Social Wetfare Department, DKS Bhawan, Raipur. Distt. Raipur (CG) The Collector cum Chairman, Education Guarantee Scheme, Coordination Committee, Mahasamund, Distt. Mahasamund (CG) Chief Executive OfficerA/ice Chairman, Zila-Panchayat Education Guarantee Scheme Coordination Committee, Mahasamund, Distt. Mahasamund (CG) Chief Executive Officer, Janpad Panchayat, Saraipali, Block and Tahsil- Saraipali, Distt. Mahasamund (CG) Present: Shri K.N. Nande, counsel for the appeliants. Shri A.S. Kachhwaha, Dy. A.G. for the State. ORAL JUDGMENT (28.3.2011) ^o The appeilants' were appointed as Gurujis for one academic session. Their servlces were discontinued after one year. Their earlier writ petition W.P.(S) No.5409/2008 was disposed of vide order dated 26.09.2008 (Annexure P-2) with liberty to the appellants to make representation before the concerned authorities, who in turn were directed to consider the case of the appellants for appointment as Shiksha Karmi Grade-111 in accordance with law on its own merit. Subsequently, they made a representation which was decided by the Additional Collector, Mahasamund who, vide his order dated 30.10.2010. directed to grant appointment to the appellants on the post of Shiksha Karmi Grade-111 in accordance with law. However, the Chief Executive Officer, Janpad Panchayat, Saraipali refused to grant appointment on the same post of Shiksha Karmi Grade-111 on the ground that the post of Shiksha Karmi Grade-111 can be filled only after going through the duly constituted selection process in accordance with the provisions of the Chhattisgarh Panchayat (Recruitment and Conditions of Service) Rules, 2007 and the writ petitions against the order of C.E.O have been further dismissed bythe impugned order. 2. Shri K.N. Nande, learned counsel for the appellants submits that in compliance of the earlier order passed by this Court, Additional Collector directed the C.E.O. to appoint the appellants on the post of Shiksha Karmi Grade-111 in accordance with law. However, the C.E.O by the impugned order, rejected their petition for appointment on the post of Shiksha Karmi Grade-111 whereas, similarly placed Gurujis were appointed as Shiksha Karmi Grade-111 by C.E.O, Janpad Panchayat, Distt. Mahasamund in compliance of the order of the Additionai Coiiector as wou!d be evident from the order dated 03.09.2008 (Annexure P-6). ^) Learned Slngle Judge, without considering the aspects in real perspective, the petition which deserves to be set asjae. 3. Heard leamed counsei for the appeliants. Perused the pieadlngs of the respective parties and documents annexed there vvith. 4. Learned Single Judge considering that the appointment of the appeitants on the post of Guruji was purely on temporary and honorarium basis and that the office stands abolished, held that the appellant had no right to continue or to be appointed on the post of Shiksha Karmi Grade-111. Rejecting the arguments advanced on behalf of the appellants that some of the Gurujis in Basna, Janpad Panchayat have been appointed on the post of Shiksha Karmi Grade-III, it has been held that equality cannot claimed negatively on the basis of illegal appointments that have been made in the other Janpad Panchayats and the same cannot be granted to other persons. 5. The order impugned is strictly in accordance with law. We find no substance in this writ appeal. The same deserves to be and is accordingly dismjssed. — Priya Sd/- Dhirendra Mishar Judge Sd/- R.N.Chandrakar Judge