HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON’BLE SHRI RAJEEV GUPTA, CJ. HON’BLE SHRI SUNIL KUMAR SINHA, J. Writ Appeal No. 257 of 2008 1 Salik Singore S/o Jhanaklal Singore aged about 29 years, R/o Gram Panchayat — Kathakoni, Janpad Panchayat — Takhatpur, District — Bilaspur (CG) Satish Kumar Anant S/o Mohitram Anant, aged about 26 years, R/o Gram Panchayat — Lakhsar, Janpad Panchayat — Takhatpur, District — Bilaspur (CG) Satanand Yadav S/o Santosh Yadav aged about 26 years, Gram Panchayat — Khajuri —- Navagaon, Janpad Panchayat — Takhatpur, District - Biiaspur (CG) 4 Gaurishanakar Nishad S/o Mahajanram, aged about 23 years, Gram Panchayat —- Pakariya, Janpad Panchyat — Takhatpur, District — Biiaspur (CG) Gitaram Sahu S/o Lateiram Sahu, aged about 39 years, Gram Panchayat — Bahurta, Janpad Panchayat — Takhatpur, District — Biiaspur (CG) ‘Versus 1 State of Chhattisgarh, through the Secretary, Department of Panchayat and Rural Development, DKS Bhawan Raipur (CG) - 2 The Commissioner, Chhattisgarh Employment Guarantee Council, Vikas Ayukt Karyalaya, Vikas Bhawan, Civil Line, Raipur (CG) Union of lndia, Through the APPELLANTS PETITIONERS RESPONDENTS Secretary, Ministry of Rural development, New Delhi District Programme Coordinator (Coilector) under the National Rural Employment Guarantee Act, 2005 BilaSpur, District Bilaspur (CG) Janpad Panchayat, Takahtapur, Through the Chief Executive Officer, District Bilaspur (CG) Zila Panchayat Bilaspur, Through the Chief Executive Officer, District - Bilaspur (CG) Gendram Yadav, S/o Shri Padaruram, aged about 29 years, R/o Gram Panchayat — Khapri, Janpad Panchayat — Takhatpur, District Bilaspur (C.G.) Dilip Kumar Patre, s/o Shri Shiv Prasad Patre, aged about 24 years, R/o Gram Panchayat . Janapara- Janpad Panchayat - Takhatpur, District Bilaspur (C.G.) Santosh Kumar, S/o Shri Vishram Prasad, aged about 30 years, R/o Gram Panchayat — Turkadeeh, Janpad Panchayat — Takhatpur, District Bilaspur (C.G.) Ashok Kumar, S/o Shri Sakharam, aged about 34 years, R/o Gram Panchayat — Ameri, Janpad Panchayat — Takhatpur, District Bilaspur (C.G.) Laljit Kaushik, S/o Shri Badri Prasad Kaushik, aged about 27 years, R/o Gram Panchayat — Sakarra, Janpad Panchayat — Takhatpur, District Bilaspur (C.G.) Gaurishankar Kaushik, S/o Shri Ram Kumar Kaushik, aged about 24 years, R/o Gram Panchayat — Salhekapa, Janpad Panchayat — Takhatpur, District Bilaspur (C.G.) 10. 12. 11. 13. Shankarlal Singraul, S/o Shri Chintaram, aged about 22 years, R/o Gram Panchayat — Girdhouna Chitawar, Janpad Panchayat — Girdhouna Chitawar, Janpad Panchayat— Takhatpur, District Bilaspur (C.G.) suni! Kumar Kaushik, S/o Shri Tijram, aged about-22 years, R/o Gram Panchayat-Ghaghadeeh, Janpad Panchayat — Takhatpur, District Bilaspur (C.G.) Gopal Ku1mitra, s/o Shri Umashankar, aged about 2O years, R/o Gram Panchayat— Singhanpur, District Bilaspur (C.G.) Bhupendra‘ Kumar Sahu, s/o Shri Chaitram Sahu, aged about 27 years, R/o Gram Panchayat — Takhatpur, District Biiaspur (C.G.) Aatmaram Mehra, Slo Shri Munnaram Mehar, aged about 21 years, R/o Gram Panchayat- Ranidera, Janpat Panchayat- Takhatpur, District Bitaspur (C.G.) Tuisiram Yadav, Sio Shri Chovaram, aged about 28 years, R/o Gram Panchayat Takhatpur, District Biiaspur (C.G.) Ramesh Kumar Khande, S/o Shri Bharatram Khande, aged about 29 years, R/o Gram Panchayat 14. 15. 16. 17. 18. 19. “Patharra Shesh Narayan Kashyap, S/o Shri R.K. Kashyap, aged about 25 years, R/o Gram Panchayat-Pand, Janpad Panchyat- Takhatpur, District Biiaspur (C.G.) Kamta Prasa'd Lahre, S/o Shri Lateiram Lahre,‘ aged about 27 years, R/o Gram Panchayat Parsada, Janpad Panchayat — Takhatpur, District Bilaspur (C.G.) 20. 22. 23. Sukhiram Suravanshi, S/o Shri Nandram, aged about 27 years, R/o Gram Panchayat Joki, Janpad Panchayat — Takhatpur, District Bilaspur (C.G.) Virendra Kumar Dhruv, S/o Shri Chanduram Dhruv, aged about 21 years, R/o Gram Panchayat Hanfa, Janpad Panchayat — Takhatpur, District Bilaspur (C.G.) Basant Vaiiam Sahu, S/o Shri Ram Avtar Sahu, aged about 20 years, R/o Gram Panchayat Hardi, Janpad Panchayat — Takhatpur, District Biiaspur (C.G.) Mahendra Kumar Kaushik, S/o Shri Jaleshwar Prasad, aged about 20 years, Rlo Gram Panchayat Chanadongri, Janpad Panchayat — Takhatpur, District Bilaspur (C.G.) Naresh Kumar, S/o shri Dheiuram, aged about 27 years, R/o Gram Panchayat Amsena, Janpad Panchayat - Takhatpur, District Bilapsur (C.G.) lshwar Sahu, S/o Shri Pramod Sahu, aged about 22 years, Rlo Gram Panchayat Thakurkapa, Janpad Panchayat — Takhatpur, District Bilaspur (C.G.) Santoshi Lahre, S/o Shri Santopa Lahre, aged about 25 years, R/o .. Gram Panchayat 24. 25. 26. Domanpur, Janpad Panchayat — Takhatpur, District Bilaspur (C.G.) Surakant Sahu, S/o Shri Khurshaliram, aged about 24 years, R/o Gram Panchayat Bahtarai, Janpad Panchayat — Takhatpur, District Biiaspur (C.G.) Yashwant Kumar Sahu, S/o Shri itvari Sahu, aged about 24 years, R/o Gram Panchayat Kharkena, 29. 31. 33. 34. 35. Present: Janpad Panchayat — Takhatpur, District Bilaspur (C.G.) Ashish Kumar, S/o Shri Gopal Prasad, aged about 27 years, R/o Gram Panchayat Muru, Janpad Panchayat — Takhatpur, District Bilaspur (C,G.) Naresh Kumar Mire, S/o Shri Thamdar Mire, aged about 25 years, R/o Gram Panchayat Kuan Jaroundha, Janpad Panchayat — Takhatpur, District Bilaspur (C.G.) Ramayan Nirmaikar, Slo Shri Ghanshyam Prasad, aged about ‘22 years, R/o Gram Panchayat Chatouna Janpad Panchayat — Takhatpur, District Bilaspur (C.G.) Pramod Kumar, S/o Shri Manrakhan Lai, aged about 25 years, R/o Gram Panchayat Kureli, Janpad Panchayat - Takhatpur, District Bilaspur (C.G.) Satyanarayan Sahu, S/o Shri Kishan Ram Sahu, aged about 22 years, R/o Gram Panchayat Nagoi, Janpad Panchayat — Takhatpur, District Bilaspur (C.G.) WRIT APPEAL UNDER SECTION 2 OF CHHATTISGARH i HIGH COURT (APPEAL TO DIVISION BENCH) RULES, 2006 Shri F.S. Khare, learned counsei for the appellants. Shri U.N.S. Deo, learned Govt. Advocate for the State/ respondeh’ts No. 1, 2 and 4. S.K. Beriwal, learned Standing Counsel for respondent No.3. teamed counsel on behalf of Shri Shri Ajay Baraik, Shri A.S. Kachhawaha, learned counsel for respondent No.6. J U D G M E N T (19m March, 2009) The following judgment of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the parties are heard on admission. 2). The appellants have filed this writ appeal against the impugned order dated 21.07.2008, passed in WP.S. No.7750/2007. 3) The appellants/ petitioners were seeking a direction to the respondents to allow them to continue on the post of ‘Gram Rojgar Sahayak’ for one more year. 4). The petitioners were appointed as ‘Gram Rojgar Sahayak’ on contractual basis for a period of one year. In the year 2008, the respondents initiated recruitment process for the post of ‘Gram Rojgar Sahayak’. The petitioners participated in the said selection process. lnspite of grant of weightage of ten marks on account of their past experience on the said post, none of the appellants could be selected on a comparative merit of the candidates who participated in the selection process. The petitioners, thereafter, tile writ petition seeking their continuance on the said post. 5) The learned Single Judge considering that the petitioners were appointed on contractual basis for a limited period and in view of the dictum of the Apex Court in the case of State of Karnataka & others v. Umadevi (3) and others, reported in (2006) 4 SCC 1, held that the petitioners had no right to claim their continuance on the said post and therefore, dismissed the writ petition vide impugned order dated 21 07.2008. \{t t ‘, \ 6) Shri F.S. Khare, learned counsel for the appellants vehemently argued that the Iearned Single Judge has erred in dismissing the appellants’ writ petition following the dictum of the Apex, Court in the case of State of Karnataka & others v. Umadevi (supra) as the said case is not applicable to the facts of the present case. 7) Admittedly, the appellants/petitioners were appointed on the post 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 ontcontractual 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. 8) We, therefore, do not nnd any'infirmity in the impugned order whereby the appellants’ writ petition was dismissed. 9) The writ appeal, therefore, is liable to be dismissed and is subbu / ‘ :”a 6;: r ’ hereby dismissed summarily. ‘ Sd/— s may- Sunii Kumar Sinha Chief Jusu'ce Judge Judge