Nafr High Court
Case Details
1 / 12 2025:CGHC:12481 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1757 of 2025 JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.03.18 10:20:09 +0530 1 Krishna Rao Yalam S/o Yalam Istari Aged About 40 Years R/o Village Sankanpalli Patelpara Post Sankanpalli Bijapur District - Bijapur (C.G.) 2 Ganpat Mungel S/o Venkat Swami Mungel Aged About 36 Years R/o Village And Post Murdanda Bijapur District - Bijapur (C.G.) 3 Hapka Ganpat S/o Hapka Buchaiya Aged About 40 Years R/o Village Yangpalli Post Mujal Kanker Bijapur District - Bijapur (C.G.) 4 Talapalli Sarita W/o Talapalli Santosh Aged About 42 Years R/o Village Pusgudi Post Modakapal Bijapur District - Bijapur (C.G.) 5 Pottam Sankraiya S/o Pottam Subraiya Aged About 51 Years R/o Vidyalayapara Chermangi Avapalli Bijapur District - Bijapur (C.G.) --- Petitioner(s) versus 1 State Of Chhattisgarh Through Secretary Tribal Welfare Department Mahanadi Bhawan Atal Nagar Nava Raipur District - Raipur (C.G.) 2 The Secretary Department Of School Education Mahanadi Bhawan Atal Nagar Nava Raipur District- Raipur (C.G.) 3 Commissioner Department Of Scheduled Tribe And Scheduled Caste Development Indravati Bhawan Nava Raipur District - Raipur (C.G.) 2 / 12 4 Collector Bijapur District - Bijapur (C.G.) 5 Assistant Commissioner Tribal Welfare Department Bijapur District - Bijaupr (C.G.) --- Respondent(s) WPS No. 1778 of 2025 1 Nilmani Yadav W/o Parsu Ram Yadav Aged About 52 Years R/o Village- Karremarka, Post- Bhairamgarh, District Bijapur, Chhattisgarh. 2 Ramesh Mandavi S/o Bodiram Mandavi Aged About 45 Years R/o Village- Mangnar, Post- Barsur, Block- Bhairamgarh, District Bijapur, Chhattisgarh. 3 Sukalu Ram S/o Budhram Aged About 39 Years R/o Village- Nelasnar, Tahsil- Bhairamgarh, District Bijapur, Chhattisgarh. 4 Rajkumar S/o Konda Aged About 47 Years R/o Village- Tindodi, Bhairamgarh, District Bijapur, Chhattisgarh. ---Petitioner(s) Versus 1 State Of Chhattisgarh Through Secretary, Tribal Welfare Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 2 The Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 3 Commissioner, Department Of Scheduled Tribe And Scheduled Caste Development, Indrawati Bhawan, Nava Raipur, District Raipur, Chhattisgarh. 4 Collector, Bijapur District Bijapur, Chhattisgarh 5 Assistant Commissioner Tribal Welfare Department, Bijapur, District Bijapur, Chhattisgarh. --- Respondent(s) 3 / 12 WPS No. 1784 of 2025 1 Gundikanna S/o Gundiramaiya Aged About 49 Years R/o Sarpanchpara, Post- Dharmaram, Tahsil- Usoor, District- Bijapur (C.G.) 2 Kanti Modiyam W/o Samaiya Aged About 40 Years R/o Village- Chintakonta,block- Usoor, District- Bijapur (C.G.) 3 Ramsai Parboli S/o Bhairam Parboli Aged About 45 Years R/o Ward No. 13, Regadpara, Elmidih, Bijapur, District- Bijapur (C.G.) 4 Inla Murli S/o Papa Rao Aged About 57 Years R/o House No. 105, Pamed, Tahsil- Usoor, Bijapur, District- Bijapur (C.G.) 5 Renga Nagesh S/o Renga Kanna Aged About 45 Years R/o Gram Panchayat- Usoor, Post- Usoor, Thanapara, Avapalli, Bijapur, District- Bijapur (C.G.) ---Petitioner(s) Versus 1 State Of Chhattisgarh Through Secretary, Tribal Welfare Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.) 2 The Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.) 3 Commissioner, Department Of Scheduled Tribe And Scheduled Caste Development, Indrawati Bhawan,nava Raipur, District Raipur (C.G.) 4 Collector, Bijapur, District- Bijapur (C.G.) 5 Assistant Commissioner, Tribal Welfare Department, Bijapur, District Bijapur (C.G.) --- Respondent(s) WPS No. 1789 of 2025 1 Sanjay Kumar Chapdi S/o Durga Rao Chapdi Aged About 49 Years R/o Village And Post- Elmidi, Ward No. 5, Usoor, District- Bijapur (C.G.) 4 / 12 2 Burka Jagdish Kumar S/o Gauraiya Aged About 52 Years R/o Village- Pusgudi, Schoolpara, Post- Modakpal, Bijapur, District- Bijapur (C.G.)
Legal Reasoning
3 Srinivas Narra S/o Narsaiya Narra Aged About 48 Years R/o Village And Post- Pamed, Mandirpara, Bijapur, District- Bijapur (C.G.) 4 Santosh Kumar Yalam S/o Baiyanna Yalam Aged About 48 Years R/o Village And Post- Sankanpalli, Patelpara, Bijapur, District- Bijapur (C.G.) ---Petitioner(s) Versus 1 State Of Chhattisgarh Through Secretary, Tribal Welfare Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 The Secretary Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 3 Commissioner Department Of Scheduled Tribe And Scheduled Caste Development, Indrawati Bhawan, Nava Raipur, District Raipur (C.G.) 4 Collector Bijapur, District Bijapur (C.G.) 5 Assistant Commissioner Tribal Welfare Department, Bijapur, District Bijapur (C.G.) --- Respondent(s) WPS No. 1796 of 2025 1 Bhima Telam S/o Ramaiya Telam Aged About 48 Years R/o Kamar Guda Para, Murdanda, Post Murdanda Bijapur, District- Bijapur ( C.G. ). 2 Govind Rao Kakem S/o Dharmaiya Kakem Aged About 39 Years R/o Village- Elmidi, Lankapalli, Bijapur, District- Bijapur ( C.G. ). 3 Jitendra Batta S/o Eraiya Aged About 39 Years R/o Patelpara, Pamed, Tahsil- Usoor, Bijapur, District- Bijapur ( C.G. ). 4 Chapa Gujjaram S/o Chapa Kanna Aged About 50 Years R/o Bhandarpal, Kusgudi, Bhopalpattanam, Bijapur, District- Bijapur ( C.G. ). ---Petitioner(s) 5 / 12 Versus 1 State Of Chhattisgarh Through- Secretary, Tribal Welfare Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur ( C.G. ). 2 The Secretary Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur ( C.G. ). 3 Commissioner Department Of Scheduled Tribe And Scheduled Caste Development Indrawati Bhawan, Nava Raipur, District- Raipur ( C.G. ). 4 Collector Bijapur, District- Bijapur ( C.G. ). 5 Assistant Commissioner Tribal Welfare Department, Bijapur, District- Bijapur ( C.G. ). --- Respondent(s) WPS No. 1802 of 2025 1 Uika Arjun S/o Uika Bakka Aged About 37 Years R/o Behind Bus Stand, Patelpara, Avapalli, Bijapur, District- Bijapur (C.G.) 2 Mutla Ananad Rao S/o Narayan Mutla Aged About 42 Years R/o Village- Yangpalli, House No. 37, Post-Munjal Kanker, Bijapur, District- Bijapur (C.G.) 3 Sitaram Punem S/o Lacchha Punem Aged About 51 Years R/o Priti Vihar Colony, Avapalli, Bijapur, District- Bijapur (C.G.) 4 Satmaiya Burka S/o Gujja Burka Aged About 52 Years R/o Cherakdondi, Post- Avapalli, Bijapur, District- Bijapur (C.G.) ---Petitioner(s) Versus 1 State Of Chhattisgarh Through Secretary, Tribal Welfare Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 The Secretary Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 6 / 12 3 Commissioner Department Of Scheduled Tribe And Scheduled Caste Development, Indrawati Bhawan, Nava Raipur, District- Raipur (C.G.) 4 Collector Bijapur, District- Bijapur (C.G.) 5 Assistant Commissioner Tribal Welfare Department, Bijapur, District- Bijapur (C.G.) --- Respondent(s) WPS No. 1806 of 2025 1 Maso Ram Kashyap S/o Buddha Kashyap Aged About 49 Years R/o Village- Nelasnar, Tahsil- Bhairamgarh, District Bijapur, Chhattisgarh. 2 Chaituram Bhaskar S/o Mangu Bhaskar Aged About 51 Years R/o Village- Bardela, Post- Matwada, District Bijapur, Chhattisgarh. 3 Indrajeet Singh Thakur S/o Chatur Singh Thakur Aged About 38 Years R/o High School Para, Matwada, Tahsil- Bhairamgarh, District Bijapur, Chhattisgarh. 4 Jeela Ram Lekam S/o Dumaram Aged About 46 Years R/o Village- Potenar, Post- Matwada, Tahsil- Bhairamgarh, District Bijapur, Chhattisgarh. ---Petitioner(s) Versus 1 State Of Chhattisgarh Through Secretary, Tribal Welfare Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 2 The Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 3 Commissioner Department Of Scheduled Tribe And Scheduled Caste Development, Indrawati Bhawan, Nava Raipur, District Raipur, Chhattisgarh. 4 Collector Bijapur, District Bijapur, Chhattisgarh. 5 Assistant Commissioner Tribal Welfare Department, Bijapur, District Bijapur, Chhattisgarh. 7 / 12 --- Respondent(s) WPS No. 1807 of 2025 1 Anant Ram Yadav S/o Ratan Yadav Aged About 55 Years R/o Village- Karremarka, Post- Bhairamgarh, District Bijapur, Chhattisgarh. 2 Padma Mandavi D/o Chaitu Mandavi Aged About 38 Years R/o Village- Mangnar, Kosalnar, Block- Bhairamgarh, District Bijapur, Chhattisgarh. 3 Ashok Kumar Yadav S/o Chhote Lal Yadav Aged About 43 Years R/o Village- Naimed, Chandani Chowk, P.S.- Jangla, Block- Bhairamgarh, District Bijapur, Chhattisgarh. 4 Lachhu Ram Kadti S/o Sukhuram Kadti Aged About 37 Years R/o Village- Toynar, Post- Mirtur, District Bijapur, Chhattisgarh. ---Petitioner(s) Versus 1 State Of Chhattisgarh Through Secretary, Tribal Welfare Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 2 The Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 3 Commissioner Department Of Scheduled Tribe And Scheduled Caste Development, Indrawati Bhawan, Nava Raipur, District Raipur, Chhattisgarh. 4 Collector Bijapur, District Bijapur, Chhattisgarh. 5 Assistant Commissioner Tribal Welfare Department, Bijapur, District Bijapur, Chhattisgarh. --- Respondent(s) WPS No. 1812 of 2025 1 Pushpa Thakur W/o Shambhu Thakur Aged About 52 Years R/o Patel Para, Bhairamgarh, District Bijapur Chhattisgarh. 8 / 12 2 Milan Ram Markam S/o Mindru Ram Aged About 50 Years R/o Village Kondroji, Post Matwada, District Bijapur Chhattisgarh. 3 Sukhram Punem S/o Channu Punem Aged About 43 Years R/o Schoolpara, Gram Panchayat Kodoli, Post Nelasnar, Bhairamgarh, District Bijapur Chhattisgarh. 4 Kumar Singh Nag S/o Sukuldhar Nag Aged About 41 Years R/o Aspatal Para, Kaushalnar, Barsur, South Bastar, District Dantewada Chhattisgarh. ---Petitioner(s) Versus 1 State Of Chhattisgarh Through Secretary, Tribal Welfare Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh. 2 The Secretary Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh. 3 Commissioner Department Of Scheduled Tribe And Scheduled Caste Development, Indrawati Bhawan, Nava Raipur, District Raipur Chhattisgarh. 4 Collector Bijapur, District Bijapur Chhattisgarh. 5 Assistant Commissioner Tribal Welfare Department, Bijapur, District Bijapur Chhattisgarh. --- Respondent(s) WPS No. 1813 of 2025 1 Gondi Sharda W/o Nageshwar Rao Aged About 42 Years R/o Village Pamed Sarpanchpara Tahsil Usoor Bijapur District - Bijapur (C.G.) 2 Sapke Nimaiya D/o Sapka Kishthaiya Aged About 44 Years R/o Village Dharmaram Post Dhamaram Tahsil Usoor Bijapur District - Bijapur (C.G.) 3 Rusa Anantula W/o Chakrawarti Anantula Aged About 56 Years R/o Mandirapara Pamed Tahsil Usoor Bijapur District - Bijapur (C.G.) 9 / 12 4 Narsingh Irpa S/o Nutaiya Irpa Aged About 50 Years R/o Village Kottalli Post Pujari Kanker Bijapur District - Bijapur (C.G.) 5 Ishwari Jhadi W/o Narendra Jhadhi Aged About 42 Years R/o Village And Post Usoor Bijapur District - Bijapur (C.G.) ---Petitioner(s) Versus 1 State Of Chhattisgarh Through Secretary Tirbal Welfare Department Mahanadi Bhawan Atal Nagar, Nava Raipur District - Raipur (C.G.) 2 The Secretary Department Of School Education Mahanadi Bhawan Atal Nagar Nava Raipur District - Raipur (C.G.) 3 Commissioner Department Of Scheduled Tribe And Scheduled Caste Development Indravati Bhawan Nava Raipur District - Raipur (C.G.) 4 Collector Bijapur District - Bijapur (C.G.) 5 Assistant Commissioner Tribal Welfare Department Bijapur District - Bijapur (C.G.) --- Respondent(s) WPS No. 1815 of 2025 1 Chhannu Ram Korsa S/o Kamlu Ram Aged About 52 Years R/o Village Jangla Post Matwada District - Bijapur (C.G.) 2 Ishwar Singh Thakur S/o Ban Singh Thakur Aged About 51 Years R/o Village Mangnar Post Barsur Block Bhairamgarh District - Bijapur (C.G.) 3 Anjana Thakur W/o Om Singh Thakur Aged About 41 Years R/o Village Karremarka Post Bhairamgarh District - Bijapur (C.G.) 4 Gend Lal Belsariya S/o Charan Singh Aged About 40 Years R/o Ward No. 1 Permapara Bhairamgarh District - Bijapur (C.G.) ---Petitioner(s) Versus 10 / 12 1 State Of Chhattisgarh Through Secretary Tribal Welfare Department Mahanadi Bhawan Atal Nagar Nava Raipur District - Raipur (C.G.) 2 The Secretary Department Of School Education Mahanadi Bhawan Atal Nagar Nava Raipur District - Raipur (C.G.) 3 Commissioner Deaprtment Of Scheduled Tribe And Scheduled Caste Development Indravati Bhawan Nava Raipur District - Raipuir (C.G.) 4 Collector Bijapur District - Bijapur (C.G.) 5 Assistant Commissioner Tribal Welfare Department Bijapur District - Bijapur (C.G.) --- Respondent(s) WPS No. 1816 of 2025 1 Kamal Singh S/o Fattu Ram Aged About 46 Years R/o Village- Jangla, Post- Matwada, District- Bijapur (C.G.) 2 Ranjita Baghel W/o Pravin Kumar Baghel Aged About 40 Years R/o House No. 101, Pujari Para, Panchayat-Kate Kalyan, South Bastar, District- Dantewada (C.G.) 3 Santosh Kumar Yadav S/o Rajman Aged About 41 Years R/o Itampar, Post- Bhairamgarh, District- Bijapur (C.G.) 4 Moti Ram Belsariya S/o Jai Singh Balsariya Aged About 45 Years R/o Shanti Nagar, Bijapur, District- Bijapur (C.G.) ---Petitioner(s) Versus 1 State Of Chhattisgarh Through Secretary, Tribal Welfare Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 The Secretary Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 11 / 12 3 Commissioner Department Of Scheduled Tribe And Scheduled Caste Development, Indrawati Bhawan, Nava Raipur, District Raipur (C.G.) 4 Collector Bijapur, District Bijapur (C.G.) 5 Assistant Commissioner Tribal Welfare Department, Bijapur, District Bijapur (C.G.) --- Respondent(s) For Petitioner For Respondents/ State : Shri Syed Majid Ali, Advocate : Shri Vivek Sharma, Addl A.G., Shri Akhilesh Kumar, G.A, Ms. Shailja Shukla, Dy. G.A ,Shri S.S. Choubey, Shri Risabh Bisen, Ms. Poorva Tiwari, Ms. Akansha Verma, Shri Soumitra Kesharwani, P.L. (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 17/03/2025 1. Since, the issue involved in all the petitions is same, therefore, all the petitions are decided by this common order. 2. The petitioners have filed these writ petitions seeking following reliefs: “10.1 This Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the case of the petitioners for permanent status under contingency fund in the light of government circular dated 11.01.2021 (Annexure P/4) as the similarly employee has already been benefited by the respondent authorities. 10.2 That the Hon'ble Court further pleased to grant such other relief(s) as may be deemed fit and proper in the interest of justice.” 3. Learned counsel for petitioner submits that earlier the State Government has passed various circulars mentioned in circular dated 11.01.2021, however, it was withdrawn. Thereafter, again it was reconsidered and the order of withdrawal of the circular was taken back, as such, all the work- charged employees and the contingency paid employees were being given 12 / 12 benefit of regular pay-scale under contingency establishment even without any set-up. It is submitted that on the basis of circular dated 11.01.2021, the other Districts like Bastar, Narayanpur and Bijapur have considered the case and were granted benefit of permanent status, therefore, the petitioners are also entitled for grant of benefit of permanent status in light of circular dated 11.01.2021. 4. Learned State counsel opposes the submission made by learned counsel for the petitioner and submits that the respondent authorities after verifying whether the petitioners are contingency paid employees or not, shall consider their cases, in view of the circular dated 11.01.2021. 5. I have heard learned counsel for parties and perused the documents available on record. 6. Considering the aforesaid aspect of the matter and considering the arguments advanced by learned counsel for the parties, all the writ petitions are disposed off with a direction to the petitioners to file appropriate representation before the respondent authorities stating all the facts which have been shown before this Court and in turn, the respondent authorities shall consider their case after verifying that whether the petitioners are contingency paid employees or not, in light of circular dated 11.01.2021, and also considering the fact that similar benefits have been granted by various Districts. In the event of filing representation by each of the petitioner within two weeks, the respondents are directed to decide the same in a pragmatic manner, keeping circular dated 11.01.2021 under consideration. The respondent authorities are directed to decide the representation within a period of four weeks. 7.
Decision
With this observation, all the writ petitions are disposed off. Sd/- (BIBHU DATTA GURU) JUDGE Jyoti