Mahendra Kumar Khande v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 2713 of 2021

1. Mahendra Kumar Khande S/o Shri Kanakram Khande, Aged About 33 Years Occupation - Class Four / Rasoiya Karmi Government Aadivasi Balak Aashram Kuruvar, Vikaskhand - Kota, R/o - Gram - Kuruvar, District - Bilaspur Chhattisgarh.

2. Virendra Singh Kurre S/o Shri Hemnarayan Kurre Aged About 37 Years Occupation - Class Four / Rasoiya Karmi Government Pre Maitik Anusuchit Jaati Balak Chhatravas Jarhabhatha Bilaspur R/o - Jarhabhatha Bilaspur Thana - Civilline District - Bilaspur Chhattisgarh.

3. Keshav Prasad Khandekar S/o Shri Ramjhul Khandekar Aged About 45 Years Occupation - Class Four / Rasoiya Karmi Government Pre Maitik Anusuchit Jaati Balak Chhatravas Ranigaon Vikaskhand Kota R/o Ranigaon District - Bilaspur Chhattisgarh.

4. Jagjeevanram S/o Shri Ramkhilavan Aged About 40 Years Occupation - Class Four / Rasoiya Karmi Government Pre Maitik Anusuchit Jaati Balak Chhatravas Jarhabhatha Bilaspur R/o - Jarhabhatha Bilaspur Thana - Civil Line District - Bilaspur Chhattisgarh.

5. Umendram Yadav S/o Shri Mangluram Yadav Aged About 50 Years Occupation - Class Four / Rasoiya Karmi Government Aadivasi Bhalak Aashram Surdhar / Kenda Vikaskhand - Kota R/o - Gram Surdhar District - Bilaspur Chhattisgarh.

6. Rahas Prasad Dahare S/o Shri Fatakram Dahare Aged About 48 Years Occupation - Class Four / Rasoiya Karmi Government Aadivasi Balak Aashram Miththu Nwagaon Vikaskhand Kota Niwas - Miththu Nawagaon District - Bilaspur Chhattisgarh.

7. Devkumar Kaivartya S/o Shri Babulal Kaivartya Aged About 34 Years Occupation - Class Four / Rasoiya / Bhartya Karmi Government Pre Maitik Anusuchit Jaati Balak Chhatravas Jarhabhatha Bilaspur R/o - Jarhabhatha Bilaspur District - Bilaspur Chhattisgarh.

8. Manish Kumar Jogi S/o Manharan Lal Jogi Aged About 37 Years Occupation - Class Four / Rasoiya Karmi Government Pre Maitik Anusuchit Jaati Balak Chhatravas Jarhabhatha Bilaspur R/o - Jarhabhatha Thana - Civil Line , District - Bilaspur Chhattisgarh.

9. Chandrakant Yadav S/o Basant Kumar Yadav Aged About 30 Years Occupation - Class Four / Rasoiya Karmi Government Pre Maitik Anusuchit Jaati Balak Chhatravas Jarhabhatha Bilaspur R/o - Jarhabhatha Thana - Civil Line District - Bilaspur Chhattisgarh. 10.

Bagvandas Patre S/o Shri Santram Patre Aged About 33 Years Occupation - Class Four / Rasoiya Karmi Government Post Maitik Aadivasi Balak Chhatravas Jarhabhatha, R/o Jarhabhatha, Thana - Civil Line District - Bilaspur Chhattisgarh. Chhattisgarh

---- Petitioners

Versus

1. State Of Chhattisgarh Through - Sachiv Aadim Jati Tatha Anusuchit Jati Vikas Vibhag, Mantralaya Naya Raipur Chhattisgarh.

2. Aayukt Aadim Jati And Anusuchit Jati Vikas Raipur, District Raipur, Chhattisgarh.

3. Sahayak Aayukt, Aadivasi Vikas Bilaspur District - Bilaspur Chhattisgarh.

4. Collector, Bilaspur District Bilaspur Chhattisgarh. ----Respondents For Petitioner :

Shri Abdul Wahab Khan, Advocate.

For State :

Shri Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order On Board 21.06.2021

1. The limited grievance that the petitioners have in the instant case is the action on the part of the petitioners in discontinuing the services during lock-down period under the effect of Covid-19.

2. According to the counsel for the petitioners, they were all working as daily wage employees under the respondents for more than a decade, suddenly because of the impact of Covid-19 pandemic and the lockdown situation prevailing, the services of the petitioners were discontinued.

3. Today when the matter is taken up for hearing, the Counsel for the petitioners submits that he has instruction to state that there is availability of work in the department and they are also in need of daily wage employees, however ignoring the claim of the petitioners for said work they are appointing third persons against the said post.

4. The only prayer that the petitioners make at this juncture is that, if at all,

if the respondents intend to engage daily wage workers, let the petitioners be given some preferential right and to be continued instead of appointing fresh personnel. The respondents be directed to take work from the petitioners considering their experience and the length of service rendered by them.

5. Given the said grievance that the petitioners have, the writ petition at this juncture is disposed of directing the respondents No. 2 to 4 to look into the grievance of the petitioners and try to redress the same as far as possible by reengaging the petitioners, if at all if the State or the respondents intend to get work from the daily wage workers.

6. Under the such circumstances, the petitioners be given due weightage for the services that they have already rendered in the past.

7. The writ petition accordingly stands disposed of. Sd/- 1.

P. Sam Koshy Judge Jyotijha