Smt. Subani v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5334 of 2021 1.
Smt. Subani W/o Shri Markus Ekka Aged About 45 Years Presently Working As Cook At 100 Seater Girls Hostel , Bhaiyathan, District Surajpur Chhattisgarh 2.
Smt. Sunita Yadav W/o Shri Ravi Shankar Yadav Aged About 38 Years Presently Working As Cook At 100 Seater Girls Hostel , Bhaiyathan, District Surajpur Chhattisgarh.
3.
Smt. Meena Devi W/o Shri Rameshwar Aged About 38 Years Presently Working As Cook At 100 Seater Girls Hostel , Lundra , District Surajpur Chhattisgarh.
4.
Vinita D/o Shri Rameshwar Prasad Aged About 23 Years Presently Working As Cook At 100 Seater Girls Hostel Odgi, District Surajpur Chhattisgarh.
5.
Smt. Phoolkunwar W/o Shri Ghuran Ram Yadav Aged About 52 Years Presently Working As Cook At 100 Seater Girls Hostel , Odgi, District Surajpur Chhattisgarh.
6.
Smt. Baby W/o Shri Sanjay Rajwade Aged About 26 Years Presently Working As Cook At 100 Seater Girls Hostel , Odgi, District Surajpur Chhattisgarh.
7.
Ku. Phoolmati Singh D/o Shri Sukhnandan Singh Aged About 23 Years Presently Working As Chowkidar At 100 Seater Girls Hostel , Odgi, District Surajpur Chhattisgarh.
8.
Ku. Reeta Uike W/o Sukhram Singh Aged About 29 Years Presently Working As Cook At 100 Seater Girls Hostel , Pratappur , District Surajpur Chhattisgarh.
---- Petitioners
Versus
1.
State Of Chhattisgarh Through The Secretary, School Education Department , Mantralaya , Mahanadi Bhawan, Nava Raipur , Atal Nagar District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2.
Commissioner District Public Instructions , Indrawati Bhawan, Nava Raipur , Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3.
Mission Director Samagra Shiksha, Raipur District Raipur Chhattisgarh.
4.
Collector Cum District Mission Director Samagra Shiksha, Surajpur , District Surajpur Chhattisgarh.
5.
District Education Officer Cum District Project Officer (Ss) Surajpur , District Surajpur Chhattisgarh.
6.
Hostel Superintendent Kasturba Gandhi Girls Hostel , Bhaiyathan, District Surajpur Chhattisgarh.
7.
Hostel Superintendent Kasturba Gandhi Girls Hostel, Odgi, District Surajpur Chhattisgarh.
8.
Hostel Superintendent Kasturba Gandhi Girls Hostel, Pratappur , District Surajpur Chhattisgarh.
----Respondents For Petitioners :
Mr. C. Jayant K. Rao, Advocate For State :
Mr. Ayaz Naved, G.A.
Hon'ble Shri Justice P. Sam Koshy Order on Board 04/10/2021 1.
The grievance of the petitioner in the present writ petition is the chances of running of employment, which they have been performing for the last about 16 years.
2.
According to the counsel for the petitioners, they have all approached the respondents No. 3 & 4 making a request for being suitably accommodated in any other hostel nearby, so that the petitioners employment can be protected. The petitioner prays for an appropriate direction to the respondents No.3 & 4 for taking a decision in this regard.
3.
The limited prayer is not opposed by the State counsel, however the State counsel submits that the decision has to be taken into consideration the availability of work, availability of finance/fund and also the administrative exigency as and when arises. 4.
Given the aforesaid submission by the counsel for the parties, the writ petition at this juncture stands disposed of directing the respondents No. 3 & 4 to take an appropriate decision in accordance with Rules
governing the field and also taking into consideration the experience that the petitioners have and also keeping in mind the availability of the work. While taking a decision the respondents No.3 & 4 may also keep in mind the circular of the Department dated 01.09.2021. 5.
With the aforesaid observations, the present writ petition stands disposed of.
Sd/- (P. Sam Koshy) Judge Ved