✦ High Court of India

High Court of Chhattisgarh

Case Details

1 YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.01.17 09:56:58 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1863 of 2023 2025:CGHC:2457 NAFR 1 - Ramjeet Lal S/o Dhanukdhari Aged About 48 Years Posted As Peon (Britya Karmi) At Boys Hostel, Baratikala, District Balrampur- Ramanujganj, Chhattisgarh. 2 - Jageshwar Ram S/o Chamara Ram Aged About 41 Years Posted As Peon (Bhritya Karmai) At Adiwasi Boys Ashram, Dipadih Kala, Block Shankargarh, District Balrampur-Ramanujganj, Chhattisgarh. 3 - Ranashankar S/o Baishakhu Aged About 42 Years Posted As Peon (Bhritya Karmi) At Boys Ashram, Bhondana, Block Shankargarh, District Balrampur-Ramanujganj, Chhattisgarh. 4 - Ashok Kumar S/o Gedaram Aged About 37 Years Posted As Peon (Bhritya Karmi) At Boys Hostel, Chando, District Balrampur- Ramanujganj, Chhattisgarh. 5 - Shiv Barat S/o Late Amar Sai Aged About 50 Years Posted As Peon (Bhritya Karmi) At Pahadi Korwa Boys Ashram, Jinganiya, District Balrampur-Ramanujganj, Chhattisgarh. 6 - Kunwar Sai S/o Late Bodhan Aged About 38 Years Posted As Peon (Bhritya Karmi) At Pahadi Korwa Boy's Ashram Sargadi, District Balrampur-Ramanujganj, Chhattisgarh. 7 - Laxman Ram S/o Late Chhote Doman Aged About 40 Years Posted As Peon (Bhritya Karmi) At Boys Ashram, Civildag, District Balrampur- Ramanujganj, Chhattisgarh. 8 - Meghraj Ram S/o Deblu Ram Aged About 52 Years Posted As Peon (Bhritya Karmi) At Boys Ashram Sabag, District Balrampur- Ramanujganj, Chhattisgarh. 2

Legal Reasoning

9 - Dev Lal Singh S/o Late Sri Bachha Singh Aged About 51 Years Posted As Peon (Bhritya Karmi) At Boys Ashram, Raghunath Nagar, District Balrampur-Ramanujganj, Chhattisgarh. --- Petitioners versus 1 - State of Chhattisgarh Through Secretary, Aadim Jaati Tatha Anusuchit Jaati Vikas Vibhag, Mahandi Mantralay, Naya Raipur, District : Raipur, Chhattisgarh 2 - Commissioner Aadim Jaati Tatha Anusuchit Jaati Vikas Vibhag, Indrawati Bhawan, Atal Nagar, Raipur, District : Raipur, Chhattisgarh 3 - Assistant Commissioner Adiwasi Vikas, Balrampur, District Balrampur-Ramanujganj, Chhattisgarh. 4 - Collector (Adiwasi Vikas) Balrampur, District Balrampur- Ramanujganj, Chhattisgarh. --- Respondents WPS No. 2386 of 2023 1 - Punit Kumar S/o Sri Bindeswar, Aged About 38 Years Posted As Peon At Boys Hostel Injani, District Balrampur Ramanujganj Chhattisgarh. 2 - Bhisam Kumar S/o Neharu, Aged About 39 Years Posted As Peon At Boys Hostel Baikunthpur District Balrampur Ramanujganj Chhattisgarh. 3 - Jai Prakash S/o Sri Ramjeet Aged About 47 Years Posted As Peon At Post Metric Boys Hostel, Wadraf Nagar, District Balrampur - Ramanujganj Chhattisgarh. 4 - Dinanth Singh S/o Manrup Gond Aged About 36 Years Posted As Peon At Boys Hostel Injani, District Balrampur - Ramanujganj Chhattisgarh. 5 - Smt. Nileshwari D/o Late Ram Prasad, Aged About 38 Years Girls Ashram, Wadraf Nagar, District Balrampur - Ramanujganj Chhattisgarh. ---Petitioners versus 3 1 - State of Chhattisgarh Through Secretary, Aadim Jaati Tatha Anusuchit Jaati Vikas Vibhag, Mahandi Bhawan, Mantralaya Naya Raipur, District : Raipur, Chhattisgarh 2 - Commissioner, Aadim Jaati Tatha Anusuchit Jaati Vikas Vibhag, Indrawati Bhawan, Atal Nagar, Raipur, District : Raipur, Chhattisgarh 3 - Assistant Commissioner, Adiwasi Vikas, Balrampur District Balrampur - Ramanujganj Chhattisgarh. 4 - Collector (Adiwasi Vikas), Balrampur District Balrampur Ramanujganj Chhattisgarh. 5 - Block Education Officer, Wadraf Nagar, District Balrampur Ramanujganj Chhattisgarh. --- Respondents WPS No. 2389 of 2023 1 - Munna Ram S/o Chandar Ram, Aged About 47 Years Posted As Peon (Britya Karmi) At Pahadi Korwa Boys Hostel, Kurdih, District Balrampur Ramanujganj Chhattisgarh. 2 - Ram Avtar S/o Bhulan Ram, Aged About 43 Years Posted As Peon (Bhritya Karmai) At Pre Metric Boys Hostel, Shankar Garh, District Balrampur Ramanujganj Chhattisgarh. 3 - Chandeshwar S/o Butana Ram Aged About 37 Years Posted As Peon (Bhritya Karmi) At Boys Ashram Gokapath, District Balrampur Ramanujganj Chhattisgarh. 4 - Ramkishun S/o Chaitu Ram, Aged About 47 Years Posted As Peon (Bhritya Karmi) At Boys Ashram Raghunath Nagar, District Balrampur Ramanujganj Chhattisgarh. 5 - Ramdas Ram S/o Gudan Ram, Aged About 41 Years Posted As Peon (Bhritya Karmi) At Pahadi Korwa Ashram Bhodana District Balrampur Ramanujganj Chhattisgarh. 6 - Devwanti W/o Bhulan Ram, Aged About 41 Years Posted As Peon (Bhritya Karmi) At Pahadi Korwa Girls Ashram Jagiya, District Balrampur Ramanujganj Chhattisgarh. 4 7 - Devanand Minj S/o Late Sri Dilaram Minj Aged About 48 Years Posted As Peon (Bhritya Karmi) At Adarsh Pahadi Korwa Boys Ashram Dandkhadwa, District Balrampur Ramanujganj Chhattisgarh. 8 - Naniha Toppo S/o Sri Jagdev Ram, Aged About 49 Years Posted As Peon (Bhritya Karmi) At Post Metric Girls Hostel, Rajpur District Balrampur Ramanujganj Chhattisgarh. ---Petitioners versus 1 - State of Chhattisgarh Through Secretary, Aadim Jaati Tatha Anusuchit Jaati Vikas Vibhag, Mahandi Mantralay Naya Raipur, District Raipur, Chhattisgarh 2 - Commissioner, Aadim Jaati Tatha Anusuchit Jaati Vikas Vibhag, Indrawati Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh 3 - Assistant Commissioner, Adiwasi Vikas, Balrampur District Balrampur - Ramanujganj Chhattisgarh. 4 - Collector (Adiwasi Vikas), Balrampur District Balrampur Ramanujganj Chhattisgarh. --- Respondents WPS No. 2346 of 2023 1 - Sukhwari D/o Gururam Aged About 30 Years Posted As Peon (Bhrityakarmi) At Pahadi Korwa Gilrs Ashram, Chilama, District Balrampur-Ramanunganj, Chhattisgarh. 2 - Samuval Ram S/o Gururam Aged About 39 Years Posted As Peon (Bhrityakarmi) At Adivasi Balak Ashram, Jhaliriya, District Balrampur- Ramanujganj, Chhattisgarh. 3 - Sukhdev S/o Late Dangu Aged About 45 Years Posted As Peon (Bhrityakarmi) At Pahadi Korwa Ashram, Sargadi, District Balrampur- Ramanujganj, Chhattisgarh. 4 - Basant Lal S/o Late Bisun Ram Aged About 44 Years Posted As Peon (Bhrityakarmi) At Boys Ashram Pasta, District Balrampur- Ramanujganj, Chhattisgarh. 5 5 - Khora Ram S/o Bhendalu Aged About 38 Years Posted As Peon (Bhrityakarmi) At Pahadi Korwa Boys Ashram, Kothali, District Balrampur-Ramanujganj, Chhattisgarh. 6 - Jay Prakash S/o Nanka Aged About 53 Years Posted As Peon (Bhrityakarmi) At Pahadi Korwa Boys Ashram Jampani, District Balrampur-Ramanujganj, Chhattisgarh. 7 - Suresh Kumar S/o Ratiya Ram Aged About 40 Years Posted As Peon (Bhrityakarmi) At Boys Ashram Pataratoli, District Balrampur- Ramanujganj, Chhattisgarh. 8 - Manoj S/o Virsai Aged About 36 Years Posted As Peon (Bhrityakarmi) At Boys Ashram Jaganiya, District Balrampur- Ramanujganj, Chhattisgarh. 9 - Jagjit Ram S/o Late Mansai Aged About 53 Years Posted As Peon (Bhrityakarmi) At Boys Ashram Sabaagh, District Balrampur- Ramanujganj, Chhattisgarh. 10 - Saniyaro S/o Siyaram Aged About 38 Years Posted As Peon (Bhrityakarmi) At Post Metric Girls Hostel, Sidhama, District Balrampur- Ramanujganj, Chhattisgarh. 11 - Shyam Nath S/o Kendal Ram Aged About 51 Years As Peon (Bhrityakarmi) At Boys Hostel Sibildaag, District Balrampur- Ramanujganj, Chhattisgarh. ---Petitioners versus 1 - State of Chhattisgarh Through Secretary, Aadim Jaati Tatha Anusuchit Jaati Vikas Vibhag, Mahanadi Mantralay, Naya Raipur, District Raipur, Chhattisgarh. 2 - Commissioner Aadim Jaati Tatha Anusuchit Jaati Vikas Vibhag, Indrawati Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh. 3 - Assistant Commissioner Adiwasi Vikas, Balrampur District Balrampur-Ramanujganj, Chhattisgarh. 4 - Collector (Adiwasi Vikas) Balrampur, District Balrampur- Ramanujganj, Chhattisgarh. --- Respondents 6 For Petitioners : Mr. Sanjay Patel, Advocate For State/Respondents : Ms. Shailja Shukla, Dy. G.A. Hon’ble Shri Amitendra Kishore Prasad, Judge 15.01.2025 Order on Board 1. Heard Mr. Sanjay Patel, learned counsel for the petitioners and Ms. Shailja Shukla, learned Deputy Government Advocate, appearing for the State/respondents. 2.

Decision

Since in all the writ petitions common issue has been raised, they are heard together and common order is being passed. 3. In WPS No.1863/2023, the petitioners have prayed for following relief(s):- “10.1 It is therefore prayed that this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction and direct the state/respondent no.2 to grant the same benefit as it is granted to Bhritya Karmis of Ambikapur vide order dated 28.06.2022 (P/6). 10.2 It is therefore prayed that this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction and direct the state/respondent no.2 to accord and grant the sanction of letter dated 11.02.2022 written by respondent no.3 (P/5). 7 10.3 It is therefore prayed that this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction and direct the state/respondent no.2 to decide the representations of the petitioners (P/7). 10.4 Any other relief which this Hon'ble Court may deem fit.” 4. In WPS No.2346/2023, the petitioners have prayed for following relief(s):- “10.1 It is therefore prayed that this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction and direct the state/respondent no.2 to grant the same benefit as it is granted to Bhritya Karmis of Ambikapur vide order dated 28.06.2022 (P/6) and to other 108 bhritya karmis. 10.2 It is therefore prayed that this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction and direct the state/ respondent no.2 to grant the minimum pay scale of 15600-49400 to the peons (Bhritya Karmis)/petitioners. 10.3 It is therefore prayed that this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction and direct the state/ respondent no.2 to merge the services of bhritya karmis into state as the state has merged the services of Shiksha karmis. 8 10.4 It is therefore prayed that this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction and direct the state/ respondent no.2 to decide the representations of the petitioners (P/7). 10.5 Any other relief which this Hon'ble Court may deem fit.” 5. In WPS No.2386/2023, the petitioners have prayed for following relief(s):- “10.1 It is therefore prayed that this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction and direct the state/ respondent no.2 to grant the same benefit as it is granted to Bhritya Karmis of Ambikapur vide order dated 28.06.2022 (P/6) and to other 108 bhritya karmis. 10.2 It is therefore prayed that this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction and direct the state/ respondent no.2 to grant the minimum pay scale of 15600-49400 to the peons (Bhritya Karmis)/petitioners. 10.3 It is therefore prayed that this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction and direct the state/ respondent no.2 to merge the services of bhritya karmis into state as the state has merged the services of Shiksha karmis. 9 10.4 It is therefore prayed that this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction and direct the state/ respondent no.2 to decide the representations of the petitioners (P/7). 10.5 Any other relief which this Hon'ble Court may deem fit.” 6. In WPS No.2389/2023, the petitioners have prayed for following relief(s):- “10.1 It is therefore prayed that this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction and direct the state/ respondent no.2 to grant the same benefit as it is granted to Bhritya Karmis of Ambikapur vide order dated 28.06.2022 (P/6) and to other 108 bhritya karmis. 10.2 It is therefore prayed that this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction and direct the state/ respondent no.2 to accord and grant the sanction of letter dated 11.02.2022 written by respondent no.3 (P/5). 10.3 It is therefore prayed that this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction and direct the state/ respondent no.2 to grant the minimum pay scale of 15600-49400 to the peons (Bhritya Karmis)/petitioners. 10.4 It is therefore prayed that this Hon'ble Court may kindly be pleased to issue an 10 appropriate writ/order/ direction and direct the state/ respondent no.2 to merge the services of bhritya karmis into state as the state has merged the services of Shiksha karmis. 10.5 It is therefore prayed that this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction and direct the state/ respondent no.2 to decide the representations of the petitioners (P/7). 10.6 Any other relief which this Hon'ble Court may deem fit.” 7. Learned State counsel, appearing for all the respondents in all the writ petitions submits that the relief as sought for by the petitioners and the grievance raised by the petitioners has already been redressed vide order dated 19.12.2024 issued by the Additional Secretary, Government of Chhattisgarh, Tribal Development Department. 8. At this stage, it would be necessary to extract the order dated 19.12.2024 issued by the Additional Secretary, Government of Chhattisgarh, Tribal Development Department, for easy reference :- “dzekad ,Q 11-2-2010 25-1 % jkT; 'kklu ,rn~}kjk eaf=ifj"kn ds vk;Ve dzekad 19-19 fnukad 11 fnlEcj 2024 esa fy, x;s fu.kZ; vuqlkj Hk`R;dfeZ;ksa ds osrueku :i;s 2400 75 3900 esa la’kks/ku dj iqujh{k.k 11 osrueku :i;s 4750 7440 xzsM is :- 1300 Lohd`r fd;k tkrk gSA” 9. A copy of the said order has been supplied to the learned counsel for the petitioners, upon which, he was satisfied and submits that in view of the said order dated 19.12.2024, the grievance of the petitioners has been redressed. 10. Considering the overall facts and circumstances of the cases as well as further considering the submission of learned State counsel to the effect that vide order dated 19.12.2024 issued by the Additional Secretary, Government of Chhattisgarh, Tribal Development Department, the grievance of the petitioners has already been redressed, all the writ petitions stands disposed off. Yogesh Sd/- (Amitendra Kishore Prasad) Judge

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