Awadh Kumar Rajwade v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2420 of 2017

1. Awadh Kumar Rajwade S/o Jinda Lal Rajwade, Aged About 27 Years R/o Village Akora Kala, Post Kalyanpur, Block Surajpur Police Station & Tahsil Surajpur, District Surajpur (Chhattisgarh).

2. Hemsai S/o Shri Arjun Ram, Aged About 36 Years R/o Village Pradhan Para ( Gajadharpur ), Post Karnva, Police Station & Tahsil Surajpur, District Surajpur (Chhattisgarh).

3. Dev Prakash S/o Shri Moti Lal, Aged About 27 Years R/o Village Anandpur, Block Odgi, Police Station & Tahsil Bhaiyathan, District Surajpur (Chhattisgarh).

---- Petitioner

Versus

1. State Of Chhattisgarh Through : The Secretary Director, Tribal Welfare Department Mantralaya, Mahanadi Bhawan, New Raipur (Chhattisgarh).

2. The Collector, District Surajpur (Chhattisgarh) (Tribal Development )

3. The District Education Officer, Surajpur, District Surajpur (Chhattisgarh).

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

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

---- Respondents For Petitioners Shri R. V. R. Rajwade, Advocate For Respondent-State Shri R. K. Gupta, Dy. AG Hon'ble the Vacation Judge Order On Board 25/05/2017

1.

At the outset, learned counsel for the petitioners would submit that the petitioners have filed this petition seeking direction for consideration of their cases on the same terms as in case of petitioners in W.P. (S) No.1888/2017 in whose favour order dated 26.04.2017 has been passed, which has been placed on record as Annexure P-5.

2.

Learned State counsel submits in order to apply the aforesaid verdict in the present case, it will require verification with regard to extending the same benefit to the present petitioners. 3.

It is found that the petitioners are also the Part-Time Sweepers working in the various Govt. Primary/Middle Schools of District Surajpur and their services have been discontinued in the year 2012.

4.

This petition filed by Part-Time Sweepers working in school in the same district where the petitioners were also working as PartTime 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 case of Rameshwar Prasad Rajwar & Ors. Vs. State of Chhattisgarh & Ors. and batch of petitions passed in WPS No.3981/2012 on 09.09.2015, 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."

5.

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

6.

The petitioners, therefore, would also be entitled to similar benefits if their cases are similarly situated as the case of those petitioners who had earlier approached this Court and in whose favour, common order was passed in Rameshwar Prasad Rajwar (supra).

7.

In view of the above consideration, respondent Assistant Commissioner Tribal Development, Surajpur shall individually examine the case of the petitioners and verify facts. If these 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 these petitioners.

Considering that the petitioners are 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.

8.

If the petitioners' grievance is not redressed/fully redressed, they will be at liberty to revive their petitions. 9.

The writ petition stands disposed of.

Sd/- V JUDGE PRASHANT KUMAR MISHRA Nirala