Shobha Ram Burman And ANR. v. State Of Chhattisgarh And ORS.
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4503 of 2014 • Ram Kumar Chouhan, son of Jaldhir Ram Chouhan, aged about 39 years, working as Block Resource Person, Block Resource Center, Farsabahar, Block Farsabahar, District Jashpur, Chhattisgarh ---- Petitioner
Versus
1. State of Chhattisgarh, through Secretary, School Education Department, Mantralaya, Police Station Rakhi, Tahsil Aarang, Naya Raipur,
2. Collector Cum District and Mission Director, Rajeev Gandhi Shiksha Mission, Jashpur, PS Jashpur, Distt Jashpur, Chhattisgarh
3. Assistant Programme Coordinator (Finance), Rajeev Gandhi Shiksha Mission, District Jashpur, Chhattisgarh
4. Chief Executive Officer, Zila Panchayat, Jashpur, District Jashpur,
5. District Education Officer, Jashpur, District Jashpur, Chhattisgarh WPS No. 3648 of 2014 • Yogeshwar Goswami, S/o Shri Ramai Goswami Aged about 48 years, B.R.P. Hindi, B.R.C. Office Bhaiyathan, R/o Village Badsara, Tahsil Bhaiyathan, PS- Bhaiyathan, District-Surajpur, (CG) ---- Petitioner
1. State of Chhattisgarh, Through The Secretary, School Education Department, Mantralaya, New Raipur, District-Raipur, (CG)
2. The Collector/District Mission Director, Rajiv Gandhi Shiksha Mission (Sarwa Shiksha Abhiyan), Surajpur, District-Surajpur, (CG)
3. The Mission Director State Project Office, Rajiv Gandhi Shiksha Mission, C.G., Raipur, (CG) WPS No. 3880 of 2014 • Ram Prasad Sidar, son of Samuru Ram, aged about 42 years, Working as Block Resource Person, Block Resource Center, Patthalgaon, Block Patthalgaon, District Jashpur, Chhattisgarh ---- Petitioner
1. State of Chhattisgarh, through Secretary, School Education Raipur, Chhattisgarh
2. Collector cum District and Mission Director, Rajeev Gandhi Shiksha Mission, Jashpur, PS Jashpur, District Jashpur, Chhattisgarh
3. Assistant Programme Coordinator (Finance), Rajeev Gandhi Shiksha Mission, District Jashpur, Chhattisgarh.
4. Chief Executive Officer, Zila Panchayat, Jashpur, District Jashpur,
5. District Education Officer, Jashpur, District Jashpur, Chhattisgarh. WPS No. 3881 of 2014 • Khirodhar Prasad Behra, son of Ganeshwar Ram Behara, aged about 47 years, Working as Block Resource Person, Block Resource Center Farsabahar, Block Farsabahar District Jashpur, Chhattisgarh ---- Petitioner
1. State of Chhattisgarh, through Secretary, School Education Department, Mantralaya, Police Station Rakhi, Tahsil Aarang, Naya Raipur,
2. Collector cum District and Mission Director, Rajeev Gandhi Shiksha Mission, Jashpur, P.S. Jashpur, District Jashpur, Chhattisgarh
3. Assistant Programme Coordinator (Finance), Rajeev Gandhi Shiksha Mission, District Jashpur, Chhattisgarh
4. The Chief Executive Officer, Zila Panchayat, Jashpur, District Jashpur,
5. District Education Officer, Jashpur, District Jashpur, Chhattisgarh WPS No. 3874 of 2014
1. Sanjeev Kumar, son of Parmeshwar Ram Yadav, aged about 37 years, Working as Block Resource Person, Block Resource Center, Manora, Block Manora, District Jashpur, Chhattisgarh
2. Ajeet Kumar Kerketta, son of Augustin, aged about 44 years, Working as Block Resource Person, Block Resource Center Manora, Block Manora, District Jashpur, Chhattisgarh
3. Dipendra Kumar Sinha, son of Shivnandan Prasad Sinha, aged about 42 years, Working as Block Resource Person, Block Resource Center Manora, Block Manora, District Jashpur, Chhattisgarh
4. Kamleshwar Toppo, son of Imil Toppo, aged about 40 years, Working as Block Resource Person, Block Resource Center Manora, Block Manora, District Jashpur, Chhattisgarh ---- Petitioners Raipur, Chhattisgarh
2. Collector Cum District and Mission Director, Rajeev Gandhi Shiksha Mission, Jashpur, P.S. Jashpur, District Jashpur, Chhattisgarh
3. Assistant Programme Coordinator (Finance), Rajeev Gandhi Shiksha Mission, District Jashpur, Chhattisgarh
4. Chief Executive Officer, Zila Panchayat, Jashpur, District Jashpur,
5. District Education Officer, Jashpur, District Jashpur, Chhattisgarh WPS No. 3878 of 2014
1. Hemlal Patel, son of Shri Mohan Lal Patel, aged about 54 years, Working as Block Resource Person, Block Resource Center, Kunkuri, Block Kunkuri, District Jashpur, Chhattisgarh
2. Krishna Lal Kuldeep, son of Laxmi Nath Kuldeep, aged about 41 years, Working as Block Resource Person, Block Resource Center Kunkuri, Block Kunkuri, District Jashpur, Chhattisgarh
3. Vipin Kumar Ambast, son of Late Badri Prasad Ambast, aged about 39 years, Working as Block Resource Person, Block Resource Center Kunkuri, Block Kunkuri, District Jashpur, Chhattisgarh
4. Divya Kumar Panigrahi, son of Vijay Lal Panigrahi, aged about 53 years, Working as Block Resource Person, Block Resource Center Kunkuri, Block Kunkuri, District Jashpur, Chhattisgarh
5. Rajesh Kumar, son of R.N. Shriwas, aged about 41 years, Working as Block Resource Person, Block Resource Center Kunkuri, Block Kunkuri, District Jashpur, Chhattisgarh ---- Petitioners Raipur, Chhattisgarh
2. Collector Cum District and Mission Director, Rajeev Gandhi Shiksha Mission, Jashpur, P.S. Jashpur, District Jashpur, Chhattisgarh
3. Assistant Programme Coordinator (Finance), Rajeev Gandhi Shiksha Mission, District Jashpur, Chhattisgarh
4. Chief Executive Officer, Zila Panchayat, Jashpur, District Jashpur,
5. District Education Officer, Jashpur, District Jashpur, Chhattisgarh
WPS No. 3083 Of 2014 • Chaliram Verma, son of Lala Ram Verma, aged about 45 years, Presently Working as Cluster Academic Co - Ordinator, School Centre Khandsara, Block Bodla, District Kabirdham, Chhattisgarh ---- Petitioner Raipur, Chhattisgarh
2. Collector, District and Mission Director, Rajeev Gandhi Shiksha Mission, Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh Kabirdham, P.S. Kabirdham, District Kabirdham, Chhattisgarh
4. District Education Officer, Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh WPS No. 3876 Of 2014
1. Ajay Kumar Choubey, son of Ganeshwar Choubey, aged about 42 years, Working as Block Resource Person, Block Resource Center, Jashpur, Block Jashpur, District Jashpur, Chhattisgarh
2. Salik Ram Sidar, son of Fagu Lal Sidar, aged about 44 years, Working as Block Resource Person, Block Resource Center Jashpur, Block Jashpur, District Jashpur, Chhattisgarh
3. Santosh Kumar Bhagat, son of Maharangi Bhagat, aged about 44 years, Working as Block Resource Person, Block Resource Center Jashpur, Block Jashpur, District Jashpur, Chhattisgarh ---- Petitioners
Raipur, Chhattisgarh
2. Collector Cum District and Mission Director, Rajeev Gandhi Shiksha Mission, Jashpur, P.S. Jashpur, District Jashpur, Chhattisgarh
3. Assistant Programme Coordinator (Finance), Rajeev Gandhi Shiksha Mission, District Jashpur, Chhattisgarh
4. Chief Executive Officer, Zila Panchayat, Jashpur, District Jashpur,
5. District Education Officer, Jashpur, District Jashpur, Chhattisgarh WPS No. 3483 Of 2014 • Gendram Kurre, son of Shri Beni Ram Kurre, aged about 49 years, Presently Working as Cluster Academic Co-Ordinator, School Center Daldali, Block Bodla, District Kabirdham, Chhattisgarh ---- Petitioner Raipur, Chhattisgarh
2. Collector, District and Mission Director, Rajeev Gandhi Shiksha Mission, Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh Kabirdham, P.S. Kabirdham, District Kabirdham, Chhattisgarh
4. District Education Officer, Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh WPS No. 3293 Of 2014
1. Sundar Lal Navik, son of Bhaktu Ram, aged about 45 years, Presently Working as Cluster Academic Co - Ordinator, School Center Marka, Block Kawardha, District Kabirdham, Chhattisgarh
2. Durga Prasad Chandravanshi, son of Shri Krishna Ram Chandravanshi, aged about 49 years, Working As Cluster Academic Co - Ordinator, School Center Chimagondi, Block Kawardha, District Kabirdham, ---- Petitioners Raipur, Chhattisgarh
2. Collector, District and Mission Director, Rajeev Gandhi Shiksha Mission, Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh Kabirdham, P.S. Kabirdham, District Kabirdham, Chhattisgarh
4. District Education Officer, Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh WPS No. 3290 of 2014
1. Murli Jharia, son of Bishram Singh Jhariya, aged about 39 years, Presently Working as Cluster Academic Co-ordinator, School Center Kawardha, Block Kawardha, District Kabirdham, Chhattisgarh
2. Ram Singh Sahu, son of late Sukhwaram Sahu, aged about 38 years, Working as Cluster Academic Co-ordinator, School Center Sonbarsa, Block Kawardha, District Kabirdham, Chhattisgarh
3. Surtiya Sahu, son of Shri Babli Ram Sahu, aged about 38 years, Working as Cluster Academic Co-ordinator, School Center Rabeli, Block Kawardha, District Kabirdham, Chhattisgarh
4. Lalaram Sahu, son of late Ramadhin Sahu, aged about 44 years, Working as Cluster Academic Co-ordinator, School Center Barbuspur, Block Kawardha, District Kabirdham, Chhattisgarh
5. Duryodhan Chandravanshi, son of Sadhuram Chandravanshi, aged about 49 years, Working As Cluster Academic Co-ordinator, School Center Pipariya, Block Kawardha, District Kabirdham, Chhattisgarh
6. Sonu Lal Mohobiya, son of Shri Jawahar Lal Mahobiya, Working As
Cluster Academic Co-ordinator, School Center Pandariya, Block Kawardha, District Kabirdham, Chhattisgarh ---- Petitioners Raipur, Chhattisgarh.
2. Collector, District and Mission Director, Rajeev Gandhi Shiksha Mission, Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh
4. District Education Officer, Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh WPS No. 3291 Of 2014
1. Ramsanehi Chandrakar, son of Shri Jairam Chandrakar, aged about 40 years, Presently Working As Cluster Academic Co - Ordinator, School Center Sukli Govind, Block Pandariya, District Kabirdham,
2. Bagirathi Chandrakar, son of Malik Ram Chandrakar, aged about 40 years, Working As Cluster Academic Co - Ordinator, School Center Pendrikala, Block Pandariya, District Kabirdham, Chhattisgarh
3. Kamlesh Kumar Patre, son of Anjore Das, aged about 39 years, Working As Cluster Academic Co - Ordinator, Kodwagodan, Block Pandariya, District Kabirdham, Chhattisgarh ---- Petitioners Raipur, Chhattisgarh
2. Collector, District and Mission Director, Rajeev Gandhi Shiksha Mission, Kabirdham, P.S. Kabirdham, District Kabirdham,
Kabirdham, P.S. Kabirdham, District Kabirdham, Chhattisgarh
4. District Education Officer, Kabirdham P.S. Kabirdham, District Kabirdham, Chhattisgarh WPS No. 3289 of 2014
1. Shobha Ram Burman, son of Shri C.R. Burman, aged about 34 years, Presently Working As Cluster Academic Co - Ordinator, School Centre Damapur, Block Pandariya, District Kabirdham, Chhattisgarh
2. Ganesh Prasad Kurre, son of Shri Gunguru Prasad Kurre, aged about 38 years, Working As Cluster Academic Co - Ordinator, School Center Kunda, Block Pandariya District Kabirdham, Chhattisgarh ---- Petitioners Raipur, Chhattisgarh
2. Collector, District and Mission Director, Rajeev Gandhi Shiksha Mission, Kabirdham, P.S. Kabirdham, District Kabirdham, Kabirdham, P.S. Kabirdham, District Kabirdham, Chhattisgarh
4. District Education Officer, Kabirdham, P.S. Kabirdham, District Kabirdham, Chhattisgarh WPS No. 4913 of 2014
1. Durga Prasad Sharma, son of Paremeshwar Prasad Sharma, aged about 38 years, Presently Working As Cluster Academic Co-ordinator, School Center Kapadah, Block Pandariya, District Kabirdham,
2. Rajesh Kumar Pandey, son of late Chandrika Prasad Pandey, aged about 41 years, Working As Cluster Academic Co-ordinator, School Center Pandariya, Block Pandariya, District Kabirdham, Chhattisgarh
3. Vijay Kumar Pandey, son of late Ganga Prasad Pandey, aged about 37 years, Working As Cluster Academic, Co-ordinator, School Center Somanpurnaya, Block Pandariya, District Kabirdham, Chhattisgarh
4. Shiv Kumar Kamle, son of Pancharam Kamle, aged about 38 years, Working As Cluster Academic Co-ordinator, School Center Kui, Block Pandariya, District Kabirdham, Chhattisgarh ---- Petitioners Raipur, Chhattisgarh
2. Collector, District and Mission Director, Rajeev Gandhi Shiksha Mission, Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh
4. District Education Officer, Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh WPS No. 6191 of 2014 • Anil Kumar Magre, son of Shri Jaggu Das Magre, aged about 38 years, Working As Cluster Academic Co-ordinator, Badaudakala, Block Sahaspur Lohara, Disrict Kabirdham, Chhattisgarh ---- Petitioner Raipur, Chhattisgarh
2. Collector, District And Mission Director, Rajeev Gandhi Shiksha Mission, Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh
4. District Education Officer, Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh WPS No. 6190 of 2014 • Manharan Lal Turkele, son of Shri Bhajan Lal Turkele aged about 31 years, Working As Cluster Academic Co-Ordinator, Bajarcharbha, Block Sahaspur Lohara, District Kabirdham, Chhattisgarh ---- Petitioner Raipur, Chhattisgarh
2. Collector, District And Mission Director, Rajeev Gandhi Shiksha Mission, Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh
4. District Education Officer, Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh WPS No. 5369 of 2014 • Johan Ram Punacha, son of late Reru Ram Punacha, aged about 45 years, Presently Working As Cluster Academic Co-ordinator, Sankul Sahaspur Lohara, Ward No. 12, Nagar Panchayat, Sahaspur Lohara, District Kabirdham, Chhattisgarh ---- Petitioner
Raipur, Chhattisgarh
2. Collector, District And Mission Director, Rajeev Gandhi Shiksha Mission, Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh
4. District Education Officer, Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh WPS No. 6192 of 2014 • Gurudutt Dubey, son of Uma Dutt Dubey, aged about 41 years, Working As Cluster Academic Co-ordinator, Odiyakala, Block Sahaspur Lohara, District Kabirdham, Chhattisgarh ---- Petitioner Raipur, Chhattisgarh
2. Collector, District And Mission Director, Rajeev Gandhi Shiksha Mission Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh
4. District Education Officer, Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh WPS No. 3157 of 2014
1. Kesh Lal Sahu, son of Jaita Ram Sahu, aged about 47 years, Presently
Working As Cluster Academic Co - Ordinator, School Centre Birkona, Block Kawardha, District Kabirdham, Chhattisgarh
2. Dilip Kumar Verma, son of Gore Lal Verma, Aged about 40 years Working As Cluster Academic Co - Ordinator, School Centre Taregaon Jungle, Block Bodla, District Kabirdham, Chhattisgarh
3. Askaran Dhurve, son of Kejau Ram Dhurve, aged about 37 years, Working As Cluster Academic Co - Ordinator, School Center Indouri Block Kawardha, District Kabirdham, Chhattisgarh ---- Petitioners Raipur, Chhattisgarh
2. Collector, District And Mission Director, Rajeev Gandhi Shiksha Mission Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh
4. District Education Officer, Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh WPS No. 3231 of 2014
1. Sanjay Kumar Verma, son of Shri Ram Khilawan Verma, aged about 39 years, Presently Working As Cluster Academic Co-ordinator, School Center Katangikala, Block Bodla, District Kabirdham, Chhattisgarh
2. Kanhaiya Ram Ghritlahare, son of Bhaktu Ram Ghritlahare, aged about 40 Years, Working As Cluster Academic Co-ordinator, School Center Khadouda Kala, Block Bodla, District Kabirdham, Chhattisgarh ---- Petitioners
1. State of Chhattisgarh, through Secretary, School Education Department, Mantralaya, Police Station Rakhi, Tahsil Aarang, Naya Raipur,
3. Collector, District And Mission Director, Rajeev Gandhi Shiksha Mission, Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh
4. District Project Coordinator, Rajeev Gandhi Shiksha Mission, Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh
5. District Education Officer, Kabirdham, PS Kabirdham, District Kabirdham, Chhattisgarh For Petitioners : Shri CJK Rao and Shri Bhupendra Singh, Advocates. For Respondent/State : Shri YS Thakur, Deputy Advocate General.
For Rajeev Gandhi Shiksha Mission: Shri AS Kachhawaha with Smt. Pushpa Dwivedi, Advocate.
Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 08/05/2015
1. The petitioners have assailed the legality and validity of the impugned advertisement whereby the concerned Collector cum District Mission Director, Rajiv Gandhi Shiksha Mission, has issued advertisement for recruitment of Block Resource Person or Cluster Academic Coordinator, as the case may be, on deputation.
2. It has been argued that pursuant to process of recruitment initiated in June, 2012 by issuing advertisement, the petitioners were appointed on deputation for a period of 5 years, therefore, without passing any order with respect to curtailment of their period of deputation, the respondents are not entitled to proceed to make fresh selection for the same posts. Reliance is placed in the matter of Ashok Kumar Ratilal Patel Vs.
Union of India and another {(2012) 7 SCC 757} and the order passed by this Court in Sagir Khan Vs. State of Chhattisgarh & another {WP(S) No.2741/2012, decided on 2nd September, 2014}.
3. Per contra, Shri Kachhawaha, learned counsel appearing for the respondent - Rajeev Gandhi Shiksha Mission, would submit that the petitioners' appointment was for a maximum period of 5 years, without mentioning minimum period of deputation, therefore, the petitioners have no case to challenge the impugned advertisement. He would further submit that even otherwise the concerned Collector having not taken any adverse action against the petitioners, there is no cause of action for filing the present writ petitions.
4. Rebutting the above submission of Shri Kachhawaha, learned counsel for the petitioners would submit that as soon as the appointments pursuant to impugned advertisement are made, the petitioners' deputation will be cancelled, therefore, the advertisement itself would amount to adverse order against the petitioners.
5. In view of the submission made by Shri Kachhawaha that no adverse action has yet been taken against the petitioners and for the fact that the order of appointment issued in favour of the petitioners itself stipulates that if the performance of the petitioners is not satisfactory, their deputation can be put to an end before the prescribed period, these writ petitions are disposed of with an observation that as and when the
respondents desire to put the petitioners' deputation to an end under the instructions issued by the State Government in its circular dated 30th May, 2014, the respondents shall give prior notice to the petitioners and necessary orders shall be passed after giving proper opportunity of hearing to each of the petitioners. Till the action, as indicated above, is taken, the petitioners shall be allowed to continue on the posts. J U D G E Barve