Ashwani Kesharwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS. No. 8161 of 2018

1. Ashwani Kesharwani S/o Late Shri Puniram Kesharwani Aged About 53 Years Occupation Guest Faculty (Commerce), Govt. Lakshmaneshwar College Kharod, Janjgirchampa Chhattisgarh. R/o C/o Pooja Wath Centre, Shivri Narayna, Janjgirchampa, District Janjgir Champa Chhattisgarh.

2. Vikash Dubey S/o Shri Madhusudan Dubey Aged About 30 Years Occupation Guest Faculty (Sanskrit), Govt. Lakshmaneshwar College Kharod, Janjgirchampa Chhattisgarh. R/o Village Post Bhatgaon, Tehsil Bilaigarh, District Balodabazar Chhattisgarh. ---- Petitioners

Versus

1. State Of Chhattisgarh Through Principal Secretary, Higher Education Department, Mantralaya, Indiravarti Bhawan, New Raipur, District Raipur Chhattisgarh.

2. Commissioner Higher Education, Block C-3, 2nd And 3rd Floor, Indiravati Bhawan, New Raipur, District Raipur Chhattisgarh.

3. Principal Govt. Lakshmaneshwar College Kharod, Janjgir Champa Chhattisgarh.

---- Respondents For Petitioners : Mr. Chandradeep Prasad, Advocate. For State : Mr. Majid Ali, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 11.12.2018

1. The present writ petition has been filed for a direction to the respondents to continue the petitioners as a Guest Lecturer in the respondent No.3 where they have been teaching as 'guest faculty' for the last so many years. The petitioners have primarily questioned the issuance of Annexure P-1 dated 13.07.2018, whereby the respondents/State has issued instruction for filing up the post of lecturer in the Government Colleges.

2. Perusal of the records would show that the petitioners before this Court have already been granted appointment/reappointment for the current academic sessions i.e. 2018-19 vide order dated 10.08.2018 and 13.03.2018 respectively.

3. The contention of the petitioners is that pursuant to the above referred order of appointment the petitioners have joined the services and are also discharging their duties as Guest Faculty continuously.

4. Given the said facts that the substantive grievance of the petitioner stands redressed atleast for the current academic sessions, so far as the next academic sessions is concerned, the grievance of the petitioner may arise only in case if the Government or college issues a fresh advertisement or discontinuing the services of the petitioners.

5. Accordingly, the writ petition stands disposed off reserving the right of the petitioners to approach the Court in case any grievance against which the petitioners are aggrieved of by way of a fresh proceeding.

Sd /- (P. Sam Koshy) Judge Jamal