Rakesh Kumar Kushwaha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.3141 of 2016 Rakesh Kumar Kushwaha S/o Shri Mahdev Kushwaha aged about 29 years R/o Village Podi Post Kewra Tahsil and P.S. Pratappur District Surajpur (Chhattisgarh) working on the post of Sweeper Government Azaak Primary School Podi Block Pratappur District Surajput (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through the Secretary, Department Of Tribal Development Mahanadi Bhawan, Naya Raipur, District Raipur, (Chhattisgarh)

2. The Commissioner Tribal Development Indrawati Bhawan Naya Raipur District Raipur (Chhattisgarh)

3. The Collector Surajpur District Surajpur (Chhattisgarh)

4. The Assistant Commissioner Tribal Development Surajpur, District Surajpur (Chhattisgarh)

5. The Block Education Officer, Pratappur District Surajpur (Chhattisgarh)

6. Head Master Azaak Primary School Podi Block Pratappur District Surajpur (Chhattisgarh) ---- Respondents For Petitioner :

Ms. Neha Verma, Advocate.

For Respondents/State :

Mr. Dilmanrati Minj, Dy. Govt. Advocate.

Hon'ble Shri Manindra Mohan Shrivastava, J.

Order on Board 25/07/2016 1.

This petition has been filed by the Part-Time Sweeper working in Government Azaak Primary School Podi, District -Surajpur whose service has been discontinued in the year 2012.

2.

At the outset, learned counsel for the petitioner submits that the 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 petitioner herein is identically situated as the petitioners in those petitions, because this petitioner was also Part-Time Sweeper appointed in Government Azaak Primary School Podi, District -Surajpur and on similar consideration which weighed at the time of termination of petitioners in above referred petitions, this petitioner was also discontinued from service. Learned counsel for the petitioner submits that the Part-Time Sweepers are low rank of employees 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 cases of each of the petitioners.

3.

In a batch of petitions filed by Part-Time Sweepers working in various schools in the same district where the petitioner was also working as Part-Time Sweeper, 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 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 thereis 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 this petitioner also seems to be affected by the enmass termination while working in the same district and on similar consideration. 5.

The petitioner, therefore, would also be entitled to similar benefit if his 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, Surajpur, shall individually examine the case of the petitioner and verify facts. If the petitioner is 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 this petitioner. Considering that the petitioner is very low-paid employee, Assistant Commissioner, Tribal Development, Surajpur, shall complete the exercise within a maximum period of 90 days from the date of receipt of copy of this order. 7.

If the petitioner's grievance is not redressed/fully redressed, he will be at liberty to revive petition.

Sd/- (Manindra Mohan Shrivastava) Judge Tiwari