Balrup v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5390 of 2017

1. Balrup S/o Ransay, Aged About 32 Years Sweeper Govt. Middle School Chitvamandha, R/o Village Chitvamandha, Police Station, Tahsil District Balrampur Ramanujganj Chhattisgarh.

2. Smt. Phuleswari, W/o Anil Aayam, Aged About 26 Years Sweeper Govt. Primary School Jhapipipar R/o Village Jhapipipar, Police Station Sanawal, Block Ramchandrapur Disstrict Balrampur Ramanujganj Chhattisgarh.

3. Smt. Astara Devi, W/o Bansidhar, Aged About 27 Years Mahuadamar, R/o Village Mahuadamar, Police Station Sanawal, Block Ramchandrapur Disstrict Balrampur Ramanujganj Chhattisgarh.

4. Akshay Kumar, S/o Suraj Dev Singh, Aged About 29 Years Sweeper Govt. Middile School Mankeripara, Police Station Sanawal, Block Ramchandrapur District Balrampur Ramanujganj Chhattisgarh.

5. Smt. Kismatiya Wd/o Late Nandlal Singh, Aged About 30 Years Sweeper Govt. Primary School Chowki, R/o Village Chowki, Police Station Sanawal, Block Ramchandrapur District Balrampur Ramanujganj Chhattisgarh.

6. Pappu S/o Shankar, Aged About 27 Years Sweeper Govt. Primary School, Nonibandh, R/o Nonibandh, Police Station Sanawal, Block Ramchandrapur District Balrampur Ramanujganj Chhattisgarh.

7. Smt. Tarawti, W/o Premlal, Aged About 27 Years Sweeper Govt. Middle School Bimlapur, R/o Bimlapur, Police Station Sanawal, Balock Ramchandrapur District Balrampur Ramanujganj Chhattigarh.

8. Bhagmani Devi, W/o Late Sanjay Yadaw, Aged About 30 Years Sweeper Govt. Middle School, Bajnapara, Police Station Sanawal, Block Ramchandrapur District Balrampur Ramanjunganj Chhattisgarh.

9. Smt. Rajkumari W/o Jageshwar Singh, Aged About 31 Years Sweeper Govt. Middle School, Gamgariya, R/o Village Gamhariya, Police Station Sanawal, Block Ramchandrapur District Balrampur Ramanujganj Chhattisgarh.

10.Smt. Parmeshwari W/o Devsharan, Aged About 29 Years Sweeper Govt. Middle School, Banapati, R/o Banapati, Police Station Sanawal, Block Ramchandrapur District Balrampur Ramanujganj Chhattisgarh.

11. Pramod Kumar S/o Rajkumar, Aged About 30 Years Sweeper Govt. Middle School, Mahavirganj, R/o Mahavirganj, Police Station Sanawal, Block Ramchandrapur District Balrampur Ramanujganj Chhattisgarh.

12.Fetal Ram S/o Darbari, Aged About 33 Years Sweeper Govt. Middle School, Jognipara, R/o Jognipara, Police Station Sanawal, Block Ramchandrapur District Balrampur Ramanujganj Chhattisgarh. 13.Chanchala S/o Buduparasad, Aged About 29 Years Sweeper Govt. Middle School, Jogidahan, R/o Jogidahan, Police Station Sanawal, Block Ramchandrapur District Balrampur Ramanujganj Chhattisgarh.

14.Smt. Bhagmaniya Devi W/o Late Nanhu Singh, Aged About 28 Years Sweeper Govt. Primary School, Piparjhariya (Palgi) R/o Village Piparjhariya (Palgi), Police Station Sanawal, Block Ramchandrapur District Balrampur Ramanujganj Chhattisgarh. 15.Smt. Phulpatiya W/o Ajay Aged About 25 Years Sweeper Govt. Primary Kodakupara, R/o Village Kodakupara, Police Station Sanawal, Block Ramchandrapur District Balrampur Ramanujganj Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of School Education Development, Mantralay, Mahanadi Bhawan, New Raipur Chhattisgarh.

2. Assistant Commissionrr (Tribal Development) Ramanujganj Balrampur, District Ramanujganj Balrampur Chhattisgarh.

3. Collector, Ramanujganj Balrampur District Ramanujganj Balrampur Chhattisgarh.

4. District Education Officer Ramanujganj Balrampur, District Ramanujganj Balrampur Chhattisgarh.

5. Block Education Officer, Ramchandrapur District Ramanujganj Balrampur Chhattisgarh.

---- Respondents ------------------------------------------------------------------------------------------- For Petitioner/s :

Mr. A. K. Sharma, Advocate.

For State :

Mr. A. S. Kachhawaha, Addl. A. G.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 22/11/2017 Heard.

1.

This petition has been filed by the Part-Time Sweepers working in school in district - Balrampur whose services has been discontinued in the year 2012.

2.

At the outset, learned counsel for the petitioners submits that large number of similarly situated Part- Time Sweepers were discontinued from service and they had filed petitions before this Court. All those petitions were disposed off by a common order dated 9.9.2015. It is submitted that the petitioners herein is identically situated as the petitioners in those petitions, because the petitioners were also Part-Time Sweeper appointed in school in district Balrampur and on similar consideration which weighed at the time of termination of petitioners in above referred petitions, the petitioners were also discontinued from service. Learned counsel for the petitioners submits that the Part Time Sweeper is low rank of employee and very meagerly paid. Therefore, in these circumstances, this petition may be finally disposed off with a direction to respondents to examine his case and on parity, similar relief may be granted in case of the petitioners.

3.

In a batch of petitions filed by Part-Time Sweepers working in various schools in the same district where the petitioners were also working as Part-Time Sweepers, this Court had an occasion to examine the correctness of decision taken by the authority towards enmass termination of Part-Time Sweepers. The reasons assigned for enmass termination, as reflected in the 3 case of Rameshwar Prasad Rajwar & Ors. Vs. State of Chhattisgarh & Ors. and batch of petitions, show that the appointments were illegally made by wrongly construing and interpreting direction of the State Govt. This Court after hearing the parties, held as below:

"7. Upon hearing learned counsel for the parties, it would appear that even if the respective principals/head masters were not informed or authorized to make appointment, the fact remains that the State Government had earlier issued communications to the effect that there is no restriction for appointing part time sweepers. It has not been disputed by the respondents that the petitioners were infact appointed by the respective principals/head masters prior to issuance of

the order (Annexure-P-1) and the order (Annexure-P-7). Once the appointments have been made, even on part time basis, mass cancellation of appointments, without there being any specific individual allegation of corruption or nepotism is not permissible. At the same time, if any part time sweeper is not attending duties as he belongs to some other village or is otherwise not efficient in his work, it always remains open for the concerned head of the department or the appointing authority to initiate action, as the petitioners have no right to hold the post, being only part time sweepers." 4.

Prima facie, the petitioners also seem to be affected by the enmass termination while working in the same district and on similar consideration. 5.

The petitioners, therefore, would also be entitled to similar benefits if their case is similarly situated as the case of those petitioners, who had earlier approached this Court and in whose favour, common order was passed on 9.9.2015.

6.

In view of the above consideration, respondent-Assistant Commissioner, Tribal Development, Ramanujganj, District-Balrampur shall examine the case of the petitioners and verify facts. If the petitioners are similarly situated as the petitioners in earlier batch of petitions, which was decided on 9.9.2015, the benefits which have accrued to those petitioners and as ordered by this Court earlier in the case of Rameshwar Prasad Rajwar (supra) shall also be granted to the petitioners. Considering that the petitioner is very low-paid employee, Assistant Commissioner, Tribal Development, Ramanujganj, District-Balrampur shall complete the exercise within a maximum period of 90 days from the date of receipt of copy of this order.

7.

If the petitioners grievance is not redressed/fully redressed, they will be at liberty to revive this petition Sd/- (Manindra Mohan Shrivastava) Judge Rohit