High Court of Chhattisgarh
Case Details
1 2025:CGHC:16627 NAFR JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.04.11 17:23:44 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2268 of 2025 1 Gajendra Kumar Choudhari S/o Late Chandrahas Choudhari Aged About 34 Years R/o Ward No. 3, Shiv Nagar Ward, Kanker, District North Bastar Kanker Chhattisgarh --- Petitioner(s) versus 1 State Of Chhattisgarh Through Secretary, Higher Education Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 Commissioner Higher Education, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District Raipur Chhattisgarh 3 Additional Director Higher Education Directorate, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District Raipur Chhattisgarh 4 -Principal Government College Sarona (Salhebhata), District North Bastar Kanker Chhattisgarh --- Respondent(s) WPS No. 2280 of 2025
Legal Reasoning
1 Sanjay Singh S/o Late Shri Lallu Singh Aged About 39 Years R/o Ward No.-03, Mishra Gali, Surajpur, District - Surajpur (C.G.) 2 Versus ---Petitioner(s) 1 State Of Chhattisgarh Through - Secretary, Higher Education Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 2 Commissioner Higher Education, Block-3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District - Raipur, Chhattisgarh 3 Additional Director Higher Education Directorate, Block-3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District - Raipur, Chhattisgarh 4 Principal Government Revti Raman Mishra Post Graduate College, Surajpur, District - Surajpur (C.G.) --- Respondent(s) WPS No. 2391 of 2025 1 Surjeet Singh S/o Shri Rudal Singh Aged About 37 Years R/o. Village Chhipchhipi, Post Koda, Tehsil Manendragarh, District Manendragarh-Chirmiri- Bharatapur (C.G.) ---Petitioner(s) Versus 1 State Of Chhattisgarh Through Secretary, Higher Education Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 Commissioner Higher Education, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District Raipur Chhattisgarh 3 Additional Director Higher Education Directorate, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District Raipur Chhattisgarh 3 4 Principal Government Naveen College, Janakpur, District Manendragarh-Chirmiri- Bharatpur (C.G.) --- Respondent(s) WPS No. 2392 of 2025 1 Siyaram S/o Harmangal Singh Aged About 46 Years R/o Village Piparbahra, Post Bardar, Tehsil Khadgawan, District Korea, Chhattisgarh. ---Petitioner(s) Versus 1 -State Of Chhattisgarh Through Secretary Higher Education Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2 Commissioner Higher Education, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District Raipur, Chhattisgarh. 3 Additional Director Higher Education Directorate, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District Raipur, Chhattisgarh. 4 Principal Pt. Jwala Prasad Government College, Patna, District Korea, Chhattisgarh. --- Respondent(s) WPS No. 2393 of 2025 1 - Shweta Sen D/o Shri Subodh Sen Aged About 36 Years R/o L/221, Chief House, Bartunga, Chirmiri, Ward No. 25, Police Station Chirmiri, District Manendragarh- Chirimiri-Bharatpur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Higher Education Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 4 2 - Commissioner Higher Education, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District Raipur Chhattisgarh 3 - Additional Director Higher Education Directorate, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District Raipur Chhattisgarh 4 - Principal Government Lahidi College, Chirmiri, District Korea (C.G.) --- Respondent(s) WPS No. 2394 of 2025 1 - Amit Ranjan Tigga S/o Placidius Tigga Aged About 37 Years R/o Ward No. 18, Bhandapara, Near Catholic Church, Sardih Korea, District Korea Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Higher Education Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh. 2 - Commissioner Higher Education, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh. 3 - Additional Director Higher Education Directorate, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh. 4 - Principal Pt. Jwala Prasad Upadhyay Government College, Patna, District Korea Chhattisgarh. --- Respondent(s) WPS No. 2395 of 2025 1 - Chol Sai Cherwa S/o Late Shri Shivbarat Ram Aged About 46 Years R/o Gajadharpur, Post Karwan, District Surajpur (C.G.) ---Petitioner(s) 5 Versus 1 - State Of Chhattisgarh Through Secretary, Higher Education Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Commissioner Higher Education, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District Raipur Chhattisgarh 3 - Additional Director Higher Education Directorate, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District Raipur Chhattisgarh 4 - Principal Pt. Ravishankar Tripathi Government College, Bhaiyathan, District Surajpur (C.G.) --- Respondent(s) WPS No. 2404 of 2025 1 - Umesh Kumar S/o Shri Dileram Aged About 46 Years R/o Near Water Tank, Ward No. 23 Kapur Singh Dafai, Post Chhota Bazar, Chirmiri, District : Manendragarh-Chirmiri-Bharatpur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through- Secretary, Higher Education Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 2 - Commissioner Higher Education, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District : Raipur, Chhattisgarh 3 - Additional Director Higher Education Directorate, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District : Raipur, Chhattisgarh 4 - Principal Government Lahidi College, Chirmiri, District : Koriya (Baikunthpur), Chhattisgarh --- Respondent(s) 6 WPS No. 2405 of 2025 1 - Ghanshyam Singh Sandilya S/o Shri Shivbhajan Singh Aged About 34 Years R/o Village Kumda Basti, Post Gangikot, Tehsil Latori, District Surajpur Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Higher Education Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2 - Commissioner Higher Education, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District Raipur, Chhattisgarh. 3 - Additional Director Higher Education Directorate, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District Raipur Chhattisgarh. 4 - Principal Pt. Ravishankar Tripathi, Government College, Bhaiyathan, District Surajpur Chhattisgarh. --- Respondent(s) WPS No. 2416 of 2025 1 - Jitendra Kumar Yadav S/o Shri Shivram Yadav Aged About 48 Years R/o Ward No. 2, Dokrighat Para, Jagdalpur, District Bastar Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Higher Education Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2 - Commissioner Higher Education, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District Raipur Chhattisgarh. 7 3 - Additional Director Higher Education Directorate, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District Raipur Chhattisgarh. 4 - Principal Veer Yodha Jakarkan Bhatra, Government College, Bakawand, District Bastar Chhattisgarh. --- Respondent(s) WPS No. 2417 of 2025 1 - Sunil Kumar Nag S/o Late K.R. Nag Aged About 50 Years R/o Danteshwari Ward No. 20, Jagdalpur, District Bastar Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Higher Education Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 - Commissioner Higher Education, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District Raipur Chhattisgarh 3 - Additional Director Higher Education Directorate, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District Raipur Chhattisgarh 4 - Principal Government College, Bhanpuri, District Bastar Chhattisgarh --- Respondent(s) WPS No. 2419 of 2025 1 - Ashok Kumar Rajwade S/o Shri Ranglal Rajwade Aged About 46 Years R/o Village Tilsanwa, Mohalla Dadpara, District Surajpur Chhattisgarh. ---Petitioner(s) Versus 8 1 - State Of Chhattisgarh Through Secretary, Higher Education Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2 - Commissioner Higher Education, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District Raipur Chhattisgarh. 3 - Additional Director Higher Education Directorate, Block 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District Raipur Chhattisgarh. 4 - Principal Government College, Silphili, District Surajpur Chhattisgarh. --- Respondent(s) WPS No. 2407 of 2025 1 Surendra Kumar S/o Late Shri Pocham Sangarti Aged About 38 Years Address - In Front Of State Bank Of India, Rest House Road. Post- Bhopalpatnam Distt.- Bijapur (C.G.)-494446 College- Govt. Indrawati College, Bhopalpatnam, Distt.- Bijapur (C.G.) 2 Pradeep Kumar Koram S/o Shri K. Batkaiya Aged About 33 Years Address - Ward No. 02, Jai Budhadev Ward, Bhopalpatnam District- Bijapur College- Govt. Indrawati College Bhopalpatnam Distt.- Bijapur. ---Petitioner(s) Versus 1 State Of Chhattisgarh Through Secretary, Higher Education Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District- Raipur, Chhattisgarh 2 Commissioner Higher Education Block- 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District- Raipur Chhattisgarh. 3 Additional Director Higher Education Directorate Block 3, 2nd And 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar, District- Raipur Chhattisgarh. 4 Indrawati College Bhopalpatnam Distt.- Bijapur (C.G.) --- Respondent(s) 9 For Petitioner(s) For Respondent(s) / : : Shri Manoj Paranjpe, Advocate Shri Vinay Pandey, Dy. A.G. and Shri Akhilesh Kumar, State G.A. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 09/04/2025 Heard. 1. Since the common facts and grounds are involved in these petitions, they are being considered and decided by this common order. 2. Learned counsel for the petitioners would submit that fact and law involved in the present cases are identical to order passed by Coordinate Bench in WPS No. 5596 of 2023 wherein the Coordinate Bench has passed the following order in paragraphs 9, 10, 11 and 12 which are as under:- “9. It is a well-established principle of law that government employees cannot be kept on probation for an indefinite period. Further, Rule 8(2) of the Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961, clearly states that the probation period cannot be extended for more than one year without assigning sufficient reason. 10. In the present case, the respondent authorities have not issued specific order with regard to the extension of probation period of the petitioners and at the same time, no decision has been taken for the completion of probation period; thus, the action of the respondents appears to be discriminatory and arbitrary. 11. Taking into consideration the above stated facts, and relying on the judgment rendered by the Hon'ble Supreme Court in Dayaram Dayal (supra), this Court is of the firm opinion that the petitioners are entitled to get their services confirmed. 10 12. Accordingly, the respondent authorities are directed to take an appropriate decision with regard to the confirmation of services of the petitioners on the post of Lab Technician preferably within a period of 90 days from the date of receipt of a copy of this order. As the services of the Lab Attendants, who were appointed pursuant to the same advertisement, were confirmed with effect from 15/05/2015, therefore, the petitioners shall be entitled to similar relief from that date. The petitioners shall also be entitled to get all consequential benefits from 15/05/2015.” 3. This factual position has not been disputed by the learned counsel for the respondent/ State. 4.
Decision
In view of the above, the instant writ petition deserves to be disposed of in terms of the order passed by the Coordinate Bench in WPS No. 5596 of 2023 by directing the respondent to take an appropriate decision with regard to the confirmation of services of the pettitoes on the post of Lab Technician preferably within a period of 90 days. Accordingly, the writ petition(s) stands disposed off. Sd/- (Bibhu Datta Guru) JUDGE Jyoti