HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLESHRIRAJEEVGUPTA,CJ. HON'BLESHRI SUNIL KUMARSINHA, J. Writ Appeal No. 44 of 2009 APPELLANTS PETITIONERS Versus RESPONDENTS 1 6 Rajkumar Sahu S/o- Hariram iSahu, aged about 42 years, R/o- Gram Panchayat—Kukda, Janpad Panchayat - Masturi, District Bilaspur (C.G.) Krishna kumar Tengwar S/o- Gendram, aged about 44 years, R/o- Gram Panchayat - Bitkula, Janpad Panchayat - Masturi, District Bilaspur (C.G.) State of Chhattisgarh, through the Secretary, Department of Panchayat and Rural Development, D.K.S. Bhawan Raipur(C.G.) The Commissioner, Chhattisgarh Employment Guarantee Council, Vikas Ayukt Karyalaya, Yikas Bhawan, Civil Line, Raipur (C.G.) Union of India, Through the Secretary, Ministry of Rural development, New Delhi. District Programme Coordinator (Collector) under the National Rural Employment Guarantee Act, 2005 Bilaspur, District - Bilaspur (C.G.) Janpad Panchayat, Masturi Through the Chief Executive Officer, District-Bilaspur (C.G.) Zila Panchayat Bilaspur, Through the Chief Executive Officer, District-Bitaspur (C.G.) t<f 5Z- 7. 8. 9. 11 12. 13. 14. 15. 16. Lalit Kumar Patel, S/o Shri Bsilbhadra Patel, aged about 36 years. R/o Gram Panchayat- Pandhi, Janpad Panchayat- Masturi, District Bilaspur (C.G.) Syamalal Panore, - S/o Shri Nankiram aged about 37 years, R.o Gram Panchayat- Rank, Janpad Panchayat-Masturi, District Bilaspur (C.G.) Ravinda Bharagav S/o Shri Latelram, aged about 37 years, R/o Gram Panchayat- Kachar, Janpad Panchayat-Masturi, District Bilaspur (C.G.) Ramavtar Manharan S/o Shri Uderam, aged about 29 years, R/o Gram Panchayat - Boghadeeh, Janpad Panchayat-Masturi, District Bilaspur (C.G.) Meghnath Sahu, S/o Shri harishandrea, aged about 21 years, R/o Gram Panchayat Sonsari, Janpad Panchayat- Masturi, District Bilaspur (C.G.) Nanki Singh Maravi aged about 31 years, R.o Gram Panchayat Cgilhati, Janpad Panchayat- Masturi, DistrictBilaspur(C.G.) Smt. Saroj Vaishnav, S/o Shri Shatmhan, agd about 34 years, R.o Gram Panchayat - Koidiy Janji, Janpad Panchayat-Masturi, District Bilaspur (C.G.) Vir Sinngh Sindar, Shri Dhaumlal aged about 24 years, R/o Gram Panchayat - Dagniya, Janpad Panchayat-Masturi, District Bilaspur (C.G.) Harishchandra, S/o Shri Dilharan, aged about 24 years, R/o Gram Panchayat Chakarbeda, Janpad Panchayat-Masturi, District Bilaspur (C.G.) Ram Kumar Patel, S/o Shri Rohitlal, aged about 28 years, R.o Gram Panchayat Hadadeeh, Janpad Panchayat-Masturi, District Bilaspur (C.G.) Ghanyham Kaivart, S/o Shri Rajkumar, aged about 23 years, 33 18. 19. 21 22. 23. 24. 25. 26. 27. R/o Gram Panchayat - Pendri, Janpad Panchayat-Masturi, District Bilaspur (C.G.) Rajendra Lashkar S/o Shri Nanduram aged about 28 years, R/o Gram Panchayat - Hidadeeh, Janpad Panchayat-Masturi, District Bilaspur (C.G.) Govind Prasad Rawat, S/o Shri Bharatlal, aged about 23 years R/o Gram Panchayat Kukurdikala, Janpad Panchayat- Masturi, District Bilaspur (C.G.) Rambabu Gendle, S/o Shri Muritram, aged about 25 years, R/o Gram Panchayat - Lawar, Janpad Panchayat-Masturi, Distrtot Bilaspur (C.G.) Smt. Gudiya Rani Rathore, D/o Shri Manoj, aged about 26 years, R/o Gram Panchayat - Gatoura, Janpad Panchayat-Masturi, District Bilaspur (C.G.) Rajni Baghel, S/o Chaitram, aged about 22 years, R/o Gram Panehayat - Limtara, Janpad Panchayat-Masturi, District Bilaspur (C.G.) Gaurishankar Bhaskar S/o Lakhanlal aged about 24 years, R/o Gram Panchayat - Kishan Parsada, Janpad Panchayat- Masturi, District Bilaspur (C.G.) Krishna Kumar Lahre, S/o Javaharlal aged about 34 years R/o Gram Panchayat - Chouha, Janpad Panchayat-Masturi, District Bilaspur (C.G.) Ramsnehi Dahariya, S/o Dulari prasad, aged about 25 years R/o Gram Panchayat — Gidhpuri, Janpad Panchayat-Masturi, District Bilaspur (C.G.) Ghyanchand Maravi BhoKhlo aged about 34 years R/o Gram Panchayat - Kukurdikera, Janpad Panchayat-Masturi, District Bilaspur (C.G.) Hargovind Khandekar, S/o Shri Mansi aged about 30 years R/o Gram Panehayat - Jevra, Janpad ^ 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. Panchayat-Masturi, District Bilaspur(C.G.) Dilharan Banjare, S/o Shri Amritlal, agedabout30years, R.o Gram Panchayat — Bharari , Janpad Panchayat-Masturi, Dlstrtet Bilaspur (C.G.) Avinash Khanna, S/o Shri Sukhnanda, aged about 22 years, R/o Gram Panchayat - Sargaon, , Janpad Panchayat-Masturi, District Bilaspur (C.G.) Manoj Kumar yadav, S/o Shri Raj kumar, aged about 26 years, R/o Gram Panchayat - Tiakari , Janpad Panchayat-Masturi, District Bilaspur (C.G.) Rajkumar Verma, S/o Shri Ramphal Verma, aged about 27 years, R/o Gram Panchayat - Malhar , Janpad Panchayat- Masturi, District Bilaspur (C.G.) l^rtik Kumar, S/o Shri Bhagirathi, aged about 22 years, R/o Gram Panchayat - Maniteouri, Janpad Panchayat-Masturi, District Bilaspur (C.G.) Nandkumar Kamt, S/o Shri Gorelal aged about 21 years, R/o Gram Panchayat - Thakurdeva , Janpad Panchayat-Masturi, District Bilaspur (C.G.) Manoj Kumar.Kumbhkar, S/o Shri Krishan Kumar, aged about 39 years, R/o Gram Panchayat - Seepat , Janpad Panchayat- Masturi, District Bilaspur (C.G.) Santram yadav, S/o Shri Binda Yadav, aged about 22 years, R/o Gram Panchayat - Sukulkari , Janpad Panchayat-Masturi, District Bilaspur (C.G.) Rameshchandra Kaiwart, S/o Shri Dhansingh, aged about 32 years, R/o Gram Panchayat Amaldeeha , Janpad Panchayat- Masturi, District Bilaspur (C.G.) Dev Singh Thakur, S/o Shri l^mta Prasad Thakur, aged about 36 years, R/o Gram Panchayat Sonthi , Janpad Panchayat- ST Masturi, District Bitaspur (C.G.) 38. Jeevrakhn Sahu, S/o Shri Babulal aged about 37 years, R/o Gram Panchayat - Hirri, , Janpad Panchayat-Masturi, District Bilaspur (C.G.) 39. Maheshwar Prasad, S/o Shri Horilal aged about 37 years, R/o Gram Panchayat- Udagi, Janpad Panchayat-Masturi, District Bilaspur (C.G.) 40. Dataram kaiwartya, S/o Shri Brijram Kaiwatya, aged about 38 years, R/o Gram Panchayat - Milouni , Janpad Panchayat- Masturi, District Bilaspur (C.G.) 41. Jaleel Udin, S/o Jyabuddin, aged about 25 years, R/o Gram Panchayat - Podi-Machkanda , Janpad Panchayat-Masturi, District Bilaspur (C.G.) 42. Mahendra Kumar Patel, S/o Shri Dharam Singh Patel, aged about 21 years, R/o Gram Panchayat Ankdeeh-Koni , Janpad Panchayat-Masturi, District Bilaspur (C.G.) 43. Chameli Patel, D/o Kanhaiyyalal Patel, aged about 27 years, R/o Gram Panchayat - Kokdi, Janpad Panchayat-Masturi, District Bilaspur (C.G.) 44. Shashi Kumar Bhardwaj, S/o Shri Manharlal, aged about 38years, R/o Gram Panchayat - Dhurvakari ,Janpad Panchayat-Masturi, District Bilaspur (C.G.) 45. Dhannulal Thwari S/o Shri Saheblal Tiwari, aged about 27 years, R/o Gram Panchayat - Lohsi , Janpad Panchayat- Masturi, District Bilaspur (C.G.) 46. Rohit kumar Sahu, S/o Chedilal, aged about 22 years, R/o Gram Panchyat - Kauvata , Janpad Panchayat-Masturi, Distrtet Bilaspur (C.G.) 47. Yogeshwar Sharma, S/o Shri Promod Sharma, aged about 23 years, R/o Gram Panchayat - Dhaniya , Janpad Panchayat- 6 9^ Masturi, District Bilaspur (C.G.) 48. Kamlesh Jaiswal, S/o Shri Radheshyam Jaiswal, aged about 24 years, R/o Gram Panchayat khamhariya , Janpad Panchayat- Masturi, District Bilaspur (C.G.) 4Q. Dev Kumar Thakur, S/o Shri Chandra Mohan, aged about 26 years, R/o Gram Panchayat-Kuli Janpad Panchayat-Masturi, Distrtet Bilaspur (C.G.) 50. Rakesh Kumar Patle, S/o Shri Premchand Patle, aged about 25 yeara, R/o Gram Panchayat - Pachpaedi , Janpad Panchayat- Masturi, District Bilaspur (C.G.) 51. Deena kumar Vastrakar, S/o Manrkhan Vastrakar, aged about 27 years, R/o Gram Panchayat - Jayram Nagar , Janpad Panchayat-Masturi, Distrtet Bitaspur (C.G.) 52. Jitendra Kumar Koshte, S/o ShivprasadKoshle, aged about 28 years, R/o Gram Panchayat - Bhatehoura , Janpad Panchayat- Masturi, District Bilaspur (C.G.) WRIT APPEAL UNDER SECTION 2 OF CHHATTISGARH HIGH COURT (APPEAL TO DIVISION BENCHl RULES. 2005 Present: Shri F.S. Khare, learned counsel for the appellants. Shri Praveen Das, leamed Deputy Government Advocate forthe State/ respondents No. 1, 2 and 4. Shri Ajay Baraik, learned counsel on behalf of Shri S.K. Beriwal, leamed Standing Cpunsel for respondent No.3. JUDGMENT (22naApril, 2009) The following judgment of the Court was passed by RajeevGupta, C.J. Learned couftsel for the parties are heard on I.A. No.01^009, an application for condonation of delay in filing the Sppeal. ^ -/, 2) On due consideration, we are satisfied that the appellants have succeeded in showing sufficient cause for the delay in fjling the appeal. 3) 1.A. No. 01/2009, therefore, isallowed and the delay in filing the writ appeat is hereby condoned. 4) Leamed counsel for the parties are heard on admission. 5) The appellants have filed this writ appeal against the impugned order dated 21.07.2008, passed in W.P.S. No.7759/2007. 6) The appellants/ petitionere were seeking a direction to the respondents to allow them to continue on the post of 'Gram Rojgar Sahayak' for one more year. 7) Thepetitioners were appointed as 'Gram Rojgar Sahayak' on contractual basis for a period of one year. In the year 2008, ttie respondents initiated recruitment process for the post of 'Gram Rojgar Sahayak". The petitioners participated in the said selection process. Inspite of grant ofweightage often marks on account of theirpast experienceon the said post, none of the appetlants could be setected on a comparative merit of the candidates who participated in the selection process. The petitioners, thereafter, filed writ petition seeking their continuance on the said post. 8) The learned Single Judge considering that the petitioners were appointed on confractual basis for a limited period and in view of the dictum of the Apex Court in the case of State of Karnateka & others v. Umadevi (3) and others, reported in 98 (2006) 4 SCC 1, held that the petitioners had no right to ctaim their continuanceon the said post and therefore, dismissed the writ petition vide impugned order dated 21.07.2008. 9) Shri F.S. Khare, learned counsel for the appellants vehemently argued that the learned Single Judge has erred in dismissing the appellants' writ petition following the dictum of the Apex Gourt in the case of State of Kamataka & cthers v. Umadevi (supra) as the said case is not applicable to the facts of thepresent case. 10) Admittedly, theappellants/petitioners were appointed on thepost of 'Gram Rojgar Sahayak* for a limited period of one year on contract basis. The Apex Court in the case of State of Karnataka & others v. Umadevi (supra) has categorically held in para 47 that a person appointed on contractual basis for a limited period cannot claim his continuance on the said post after expiry of the contract period as a matter of right. Thus, the petitioners cannot claim their continuance on the post of 'Gram Rojgar Sahayak' as of right. 11) We, therefore, do not flnd siny infirmity in the ingpugned order whereby the appellants' writ petition was dismissed. 12) The writ appeal, therefore, is liable to be djsmissed and is hereby dismissed summarily. subbu ^Sd/- : ': ChiefJustice Sd/- SUNiLKUMARSlNHA judge A_-