Anil Kumar v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3451 of 2017
1. Anil Kumar S/o Jhari Ram, Aged About 25 Years Sweeper, Primary School Bhuiyapara, P.S. Sanawal, Tahsil Ramanujganj, Block Ramchandrapur, District Balrampur, Chhattisgarh
2. Smt. Sumitra Devi W/o Devnarayan, Aged About 37 Years Sweeper, Govt. Primary School Mahuwa Toli (Bimlapur), P.S. Thrikunda, Tahsil Ramanujganj, Block Ramchandrapur, District Balrampur, Chhattisgarh
3. Rampati W/o Late Shri Bhagi Lakdga, Aged About 43 Years Sweeper, Govt. Middle School Lava, P.S. Ramanujganj, Tahsil Ramanujganj, Block Ramchandrapur, District Balrampur, Chhattisgarh
4. Rovan Prasad S/o Chirai Mahto, Aged About 34 Years Sweeper, Govt. Primary School Machwadamar, P.S. Ramanujganj, Tahsil Ramanujganj, Block Ramchandrapur, District Balrampur, Chhattisgarh
5. Panpati W/o Late Shri Balsundar, Aged About 34 Years Sweeper, Govt. Primary School P.S. Chitamada, Tahsil Ramanujganj, Block Ramchandrapur, District Balrampur, Chhattisgarh
6. Mandip Ram S/o Ramdhyan Ram, Aged About 23 Years Sweeper, Govt. Primary School Indrapur, P.S. Ramanujganj, Tahsil Ramanujganj, Block Ramchandrapur, District Balrampur, Chhattisgarh
7. Krishna Kumar Yadav S/o Jhagru Yadav, Aged About 32 Years Sweeper, Govt. Middle School Gamhariya, P.S. Ramanujganj, Tahsil Ramanujganj, Block Ramchandrapur, District Balrampur, Chhattisgarh
8. Smt. Manmati Singh W/o Shivbaran, Aged About 26 Years Sweeper, Govt. Primary School Surangpan, P.S. Ramanujganj, Tahsil Ramanujganj, Block Ramchandrapur, District Balrampur, Chhattisgarh ---- Petitioners
Versus
1. State Of Chhattisgarh Through Secretary, Department Of School Education Development, Mantralaya, Mahanadi Bhawan, New Raipur, Chhattisgarh
2. Assistant Commissioner (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 Petitioners :
Mr. Rishi Rahul Soni, Advocate.
For State :
Mr. Satish Gupta, G.A.
Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 31/07/2017 Heard.
1.
This petition has been filed by the Part-Time Sweeper 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 are 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 their 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 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, 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 petitioners are 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) J U D G E Rekha