Sanjay Kumar Mahant v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 726 of 2020

1. Sanjay Kumar Mahant S/o Shri Heeradhan Das Mahant Aged About 38 Years R/o Vill And Post Bataikela Tah Kansabel District Jashpur Chhattisgarh

2. Ku. Rajani Bai D/o Rajnanandan Ram Aged About 33 Years R/o Vill And Post Batailkela Tahsil Kansabel District Jashpur Chhattisgarh

3. Shyam Kumar Sai S/o Shri Lal Sai Aged About 45 Years R/o Village Dhulia Amba Post Makri Bandha Tahsil Duldula, District Jashpur Chhattisgarh.

4. Santosh Kumar Bhagat S/o Shri Budhram Bhagat Aged About 36 Years R/o Village And Post Gajmaa Tahsil Manora District Jashpur Chhattisgarh

5. Janak Sidar S/o Shri Aitbal Sai Sidar Aged About 37 Years R/o Village And Post Kumai Kala Tahsil Patthalgaon District Jashpur Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary School Education Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh.

2. The Collector, Jashpur, District Jashpur Chhattisgarh

3. Assistant Commissioner, Tribal Welfare, Jashpur, District Jashpur Chhattisgarh

4. The District Education Officer, Jashpur, District Jashpur Chhattisgarh.

5. The Block Education Officer, Block Education Officer, Kansabel, District Jashpur Chhattisgarh.

6. The Block Education Officer, Block Education Officer, Manora District Jashpur Chhattisgarh.

7. The Block Education Officer, Block Education Office, Duldula, District Jashpur Chhattisgarh.

8. The Block Education Officer, Block Education Office, Patthalgaon, District Jashpur Chhattisgarh.

---- Respondents For Petitioners :

Mr. Neeraj Pradhan, Advocate For State/Respondents :

Ms. Richa Shukla, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 03.02.2020

1. Grievance of the petitioners is that the petitioner No. 1 to 4 were appointed as Part-time Sweeper on 10.08.2007 and petitioner No.5 was appointed on 05.07.2008. It is contended that though the petitioners are

rendering more than 12 years of service but they have not been absorbed as Full-time employee. It is stated that as per Annexure P-5, one Sita Bai has been absorbed in the establishment as Full-time employee and likewise the other persons have also been given the said benefit. The petitioners stated that they have rendered more than 12 years of service despite that they are still continued on the post of Part-time Sweeper. It is further stated that the petitioners claim the parity as has been granted to the other likewise persons who have been granted the status of Full-time employee and who were at the same footing that of the petitioners. The petitioners contend therefore the petitioners have made a representation to the District Education Officer, Jashpur by Annexure P-3 on 16.10.2019; however, the same has not been decided. Therefore, considering the parity and status of the petitioners with that of others, the representation of the petitioners may be decided.

2. Taking into such fact, prima facie, it appears that the petitioners though were appointed in 2007 they are still working as Part-time Sweeper. As it has been alleged that the services are being rendered on full-time basis and likewise other persons have granted the benefit of status of full-time employee, the petitioners are given liberty to make a fresh representation within a period of three weeks to the District Education Officer, Jashpur, who in turn shall decide the claim of the petitioners within a further period of 45 days from the date of receipt of the copy of representation.

3. With such observation, the petition stands disposed off. Sd/- (Goutam Bhaduri) Judge Jyoti