High Court Of ChhattisgarhWPS/6073/2017disposed off

Santosh Thakur v. State Of Chhattisgarh

2017-11-15Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6073 of 2017

1. Santosh Thakur S/o Shri Gaukaran Singh Thakur Aged About 36 Years Presently Working As Peon , B R C Bodla , Block Bodla, District Kabirdham Chhattisgarh.

2. Sanjay Kumar Lanjhi S/o Late Sitaram Lanjhi Aged About 50 Years Presently Working As Peon District Mission Co - ordinator ( R. G. S. M. ) , Kawardha, District Kabirdham Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary School Education Department Mantralaya Mahanadi Bhawan Naya Raipur District Raipur Chhattisgarh.

2. Mission Director, Rajiv Gandhi Shiksha Mission Raipur Chhattisgarh.

3. Collector - Cum - District Mission Director , Kabirdham, District Kabirdham, Chhattisgarh.

4. District Education Officer - Cum District Project Co - ordinator, Rajiv Gandhi Shiksha Mission Kabirdham Chhattisgarh. ---- Respondent For Petitioner Mr. CJK Rao, Advocate For Respondent/State Mr. Sangharsh Pandey, Dy. GA Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 15/11/2017

1. Heard.

2. Learned counsel for the petitioners would submit that by two

different orders dated 25.8.2007 (Annexure P/2), the petitioners were appointed as Peon on contract basis by the District Project Coordinator, Rajiv Gandhi Shiksha Mission, Kabirdham. However, the petitioners are paid the salary on Collectorate rate and not on contract rate. Learned counsel also put-forth that in the appointment order itself it is mentioned that the petitioners' services shall be governed under the C.G. Civil Services (Contract Appointment) Rules, 2004, therefore, paying them wages at par with daily rated employees is not in accordance with the appointment orders.

3. Considering the terms of the appointment orders, instead of keeping this petition pending, it is disposed of with direction that in the event, the petitioners prefer representation before the Mission Director, Rajiv Gandhi Siksha Mission, Raipur, within a period of 04 weeks from today, the said authority shall consider and decide the representation objectively by a reasoned order, at the earliest, preferably within a period of 03 months from the date of its submission.

Sd/- Judge (Prashant Kumar Mishra) Shyna