State of Chhattisgarh Through Secretary, Department of Skill v. Durgesh Kumar Sahu

WA No. 1 of 2023 ---- Respondent State of Chhattisgarh Through The Secretary, Department of Man Power Planning, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh The Director Directorate of Employment And Training, Indrawati Bhawan, Block 04 First Floor, Naya Raipur, Atal Nagar The Joint Director (Trainee) Directorate Of Employment And Training, Indrawati Bhawan, Block 04 First Floor, Naya Raipur, Atal Nagar Versus ---- Appellants Yogesh Kumar Singh Kshatri S/o Shri Surendra Singh Aged About 44 Years Presently Posted At- Training Officer (Electrician), Government ITI Dabhra, R/o Govt. ITI Dabhra, Near Degree College, Dabhra, District : Janjgir-Champa, Chhattisgarh Anjulata Dhiwar W/o Shri Ashwani Dhiwar Aged About 42 Years Presently Posted At Training Officer (WCS And ED), Miti Koni, Bilaspur (C.G.) R/o T-36/2, Miti Colony, Koni, Bilaspur, District : Bilaspur, Chhattisgarh ---- Respondents 2 WA No. 5 of 2023

State of Chhattisgarh Through The Secretary, Department of Man Power Planning Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh Director Directorate of Employment And Training Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh Joint Director (Trainee) Directorate Of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh Versus ---- Appellants Smt. Aradhna Nath W/o Shri Deepankur Nath Aged About 38 Years Presently Posted At Training Officer (RAC), ITI-Govt. ITI Koni Bilaspur Chhattisgarh R/o Miti Colony Koni, Bilaspur District Bilaspur Chhattisgarh WA No. 6 of 2023 ---- Respondent

3. State of Chhattisgarh Through The Secretary, Department of Man Power Planning Mantralaya, Mahanadi Bhawan, Naya Raipur Raipur Chhattisgarh.

Director, Directorate of Employment And Training Indrawati Bhawan Block 4 First Floor, Naya Raipur , Atal Nagar, District Raipur Chhattisgarh. Joint Director (Trainee), Directorate Of Employment And Training Indrawati Bhawan Block 4 First Floor, Naya Raipur , Atal Nagar, District Raipur Chhattisgarh. Versus ---- Appellants Mithlesh Sonkhutiya S/o Shri Gumani Ram Sonkhutiya, Aged About 33 Years Presently Posted At Training Officer (WCS/ED), Govt. ITI Durg Chhattisgarh R/o- Opposite Hirwani Petrol Pump House Number 49 Ward Number 02 Nh 930gurur, District Balod Chhattisgarh. WA No. 9 of 2023 ---- Respondent

2. State of Chhattisgarh Through The Secretary, Department Of Man Power Planning Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur (C.G.) Director, Directorate of Employment And Training Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar 3

3. Joint Director (Trainee), Directorate of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar Versus ---- Appellants Tikendra Kumar Verma S/o - Shri Gaind Ram Verma Aged About 36 Years Presently Posted At - Training Officer (RAC), Govt. ITI Saddu, Raipur R/o G- 5, Sector - 1, Agroha Colony, Raipur, Chhatisgarh, District : Raipur, Chhattisgarh WA No. 10 of 2023 ---- Respondent

3. State of Chhattisgarh Through The Secretary, Department Of Man Power Planning Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh Director, Directorate of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh Joint Director (Trainee), Directorate of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh Versus ---- Appellants Santosh Kumar Sahu S/o Late Rampraksh Sahu Aged About 35 Years Presently Posted At - Training Officer (ICTSM), Government Women ITI Bhilai, District - Durg (C.G.), R/o - H.No. D-265, Phase -2, Ramagreen City, Khamtarai Road, Bilaspur, District - Bilaspur Chhattisgarh WA No. 11 of 2023 ---- Respondent

3. State of Chhattisgarh Through The Secretary, Department of Man Power Planning Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.) Director Directorate of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar, District Raipur (C.G.) Joint Director (Trainee) Directorate of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar, District Raipur (C.G.) Versus ---- Appellants

Set Prakash Yadav S/o Shri Kanhaya Lal Yadav Aged About 33 Years Presently Posted At Training Officer (Fitter), Govt. ITI Kunkuri, District 4 Jashpur (C.G.) R/o Shri Krishna Puri Amleshwar, Village Amleshwar, Block Patan, Opposite Green Earth City, District Durg (C.G.) Hemeshwari Sonwani D/o Shri Bishnu Das Sonwani Aged About 37 Years Presently Posted At Training Officer (WCS And ED) Govt. ITI Kurud (C.G.) R/o Hig B12 Janta Colony Lakholi Rajnandgaon Tehsil Rajnandgaon, District Rajnandgaon (C.G.) WA No. 12 of 2023 ---- Respondents State of Chhattisgarh Through The Secretary, Department of Man Power Planing Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh Director Directorate of Employment And Training Indrawati Bhawan Block4 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh Joint Director (Trainee), Directorate Of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh. Versus ---- Appellants Omprakash Dewangan S/o Shri Shiv Kumar Dewangan Aged About 34 Years Presently Posted At Training Officer (WCS And ED) Govt. I.T.I. Dondilohara, District Balod Chhattisgarh. R/o Village And Post - Kapsada Tahsil -Dhamdha, District Durg Chhattisgarh. Kamleshwar Patel S/o Shri Kunj Ram Patel Aged About 33 Years Presently Posted At Training Officer (Welder) Govt. ITI Dabhra Chhattisgarh. R/o Phathamuda Talab Ke Pass, Shiv Mandir Ke Samne, Kahrapara Post - Jute-Mill, District Raigarh Chhattisgarh WA No. 13 of 2023 ---- Respondents State of Chhattisgarh Through The Secretary Department of Skill Development, Technical Education And Employment, Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh. Director, Technical Education Employment And Training Block 04, First Floor, Indrawati Bhawan Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh. Principal Industrial Training Institute, Saddu Raipur, District Raipur Chhattisgarh. Versus ---- Appellants

3. 5 Shalini Singh W/o Anil Kumar Singh Aged About 34 Years Occupation Service Currently Posted As Training Officer In Government ITI Saddu, Raipur District Raipur Chhattisgarh. R/o D-3, Avani Vihar, Daldal Seoni, Mowa, Raipur Chhattisgarh

3. WA No. 14 of 2023 ---- Respondent State of Chhattisgarh Through The Secretary, Department of Man Power Planning Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh. Director, Directorate of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh Joint Director (Trainee), Directorate Of Employment And Training, Indrawati Bhawan, Block 4 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh Versus ---- Appellants Savita Singh D/o Shri Ramdev Singh Aged About 32 Years Presently Posted At Training Officer (Fitter), Govt. ITI Parpodi, District Bemetara (Chhattisgarh) R/o House No. 810, Front of Adarsh Hospital, Milan Chowk, Camp-2, Bhilai Chhattisgarh Tehsil Durg, District Durg Chhattisgarh. Vindheshwari Singh W/o Shri Dr. P.L. Shori, Aged About 43 Years Presently Posted At Training Officer (Fitter), Govt ITI. In Ambikapur (Chhattisgarh) R/o Pradhan Gali, Mission Chowk, Ambikapur Tehsil Ambikapur, District Surguja Chhattisgarh. WA No. 16 of 2023 ---- Respondents State of Chhattisgarh Through Secretary, Department of Skill Development, Technical Education And Employment, Mahandi Bhawan, Mantralaya Nawa Raipr, Atal Nagar, District : Raipur, Chhattisgarh Director Technical Education Employment And Training Block 4, First Floor, Indrawati Bhawan, Mantralaya Nawa Raipr, Atal Nagar Principal Industrial Training Institute Raipur Versus ---- Appellants Gunja Dewangan D/o Suresh Dewangan Aged About 33 Years Occupation- Service, Currently Posted As Training Officer In Government I.T.I., Saddu, Raipur, District- Raipur, Chhattisgarh, R/o- Gandhi Nagar, Pandri, Near 6 Radha-Krishna Temple, District : Raipur, Chhattisgarh WA No. 17 of 2023 ---- Respondent

2. State of Chhattisgarh Through Secretary, Department of Skill Development, Technical Education And Employment, Mahanadi Bhawan, Mantralaya Nawa Raipur, Atal Nagar, District Raipur (C.G.) Director Technical Education Employment And Training Block 4, First Floor, Indrawati Bhawan Nawa Raipur Atal Nagar, District Raipur (C.G.)

3. Principal Industrial Training Institute Raipur, District Raipur (C.G.) Versus ---- Appellants Yogeshwari Verma W/o Rishi Verma Aged About 40 Years Occupation Service, Currently Posted As Training Officer In Government ITI, Saddu, Raipur District Raipur (C.G.), R/o Bhumiya Post, Sarona Gosadan, Block- Tilda Neora, Raipur (C.G.) WA No. 18 of 2023 ---- Respondent

3. State of Chhattisgarh Through Secretary, Department of Skill Development, Technical Education And Employment, Mahandi Bhawan, Mantralaya Nawa Raipr, Atal Nagar, District Raipur, Chhattisgarh Director Technical Education Employment And Training Block 4, First Floor, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh Principal Industrial Training Institute Mana, District Raipur, Chhattisgarh Versus ---- Appellants Nisha Verma (Nayak) D/o Gulab Dev Nayak, Garhewal Aged About 35 Years Occupation- Service, Currently Posted As Training Officer In Government I.T.I., Mana, Raipur, District- Raipur, Chhattisgarh, R/o- House No. 54/1310, Pallavi Vihar, Rohnipuram, Raipur, Chhattisgarh WA No. 19 of 2023 ---- Respondent

1. State of Chhattisgarh, Through Secretary, Department of Skill Development, Technical Education And Employment, Mahanadi Bhawan Mantralaya Nawa Raipur, Atal Nagar District Raipur Chhattisgarh 7

3. Director Technical Education Employment And Training Block-4, First Floor, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh Principal Industrial Training Institute Raipur, District Raipur Chhattisgarh Versus ---- Appellants Seema Yadav D/o Late Shri Satish Yadav Aged About 31 Years Occupation Service, Currently Posted As Training Officer In Government ITI, Saddu, Raipur Chhattisgarh, R/o Baigapara, Trishul Chowk, Ward No. 6, Ganjpara, Durg, District Durg Chhattisgarh WA No. 20 of 2023 ---- Respondent

3. State of Chhattisgarh Through Secretary, Department of Skill Development, Technical Education And Employment, Mahanadi Bhawan Mantralaya Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh Director Technical Education Employment And Training Block 04 First Floor, Indrawati Bhawan Nawa Raipur, Atal Nagar Principal Industrial Training Institute, Durg Versus ---- Appellants Preeti Shrivastava D/o Late Rakesh Kumar Shrivastava Aged About 32 Years Occupation Service, Currently Posted As Training Officer In Government ITI, Mana District Raipur (C.G.) R/o Near Anmol Hardware Sector-2, Deendayal Upadhyay Nagar, Raipur, Chhattisgarh. WA No. 21 of 2023 ---- Respondent

3. State of Chhattisgarh Through Secretary, Department of Skill Development, Technical Education And Employment, Mahandi Bhawan, Mantralaya Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh Director Technical Education Employment And Training Block 4, First Floor, Indrawati Bhawan, Nawa Raipr, Atal Nagar, District Raipur, Chhattisgarh Principal Industrial Training Institute Raipur, District Raipur, Chhattisgarh Versus ---- Appellants 8 Shradha Gupta W/o Shiv Kumar Gupta Aged About 35 Years Occupation- Service, Currently Posted As Training Officer In Government I.T.I., Mana, District- Raipur, Chhattisgarh, R/o-H-7, Sai Vatika Colony, Devpuri, Raipur, Chhattisgarh WA No. 22 of 2023 ---- Respondent

3. State of Chhattisgarh Through The Secretary Department of Man Power Planning Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur (C.G.) Director Directorate of Employment And Training Indrawati Bhawan Block 04 First Floor, Naya Raipur, Atal Nagar Joint Director (Trainee) Directorate of Employment And Training Indrawati Bhawan Block 04 First Floor, Naya Raipur, Atal Nagar Versus ---- Appellants Tilasma Nag S/o Late B.C. Nag Aged About 35 Years Presently Posted At- Training Officer (Electronics), Govt. Women ITI Bhilai, District Durg (C.G.) R/o W/o Vill. Kalipur, Post Office- Titrgaun, Near Ganga Devi Temple, District Bastar (C.G.)

2. WA No. 23 of 2023 ---- Respondent State of Chhattisgarh Through The Secretary, Department of Man Power Planning, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh The Director, Directorate of Employment And Training, Indrawati Bhawan Block 04 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh The Joint Director (Trainee), Directorate of Employment And Training, Indrawati Bhawan Block 04 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh Versus ---- Appellants Rajendra Kumar Singh S/o Samar Singh, Aged About 36 Years Presently Posted At - Training Officer (Fitter), Government ITI Pali, District - Korba (C.G.) R/o - Village - Nawa Gaon (Kala), Tahsil / Thana - Darri, District Korba Chhattisgarh Awdhesh Kumar Baghel S/o Shri Kartik Ram Baghel Aged About 33 Years Presently Posted At Training Officer (WCS/ED), ITI Name - Government ITI Bhilai Chhattisgarh R/o - H.No. - 223, Sonumuda Kali Mandir, Raigarh, C G Pin-496001, Tehsil - Raigarh, District Raigarh 9 Chhattisgarh WA No. 25 of 2023 ---- Respondents

2. State of Chhattisgarh Through Secretary, Department of Skill Development, Technical Education And Employment, Mahanadi Bhawan, Mantralaya Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh. Director, Technical Education Employment And Training Block 4, First Floor, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh.

3. Principal Industrial Training Institute, Durg, District Durg Chhattisgarh. Versus ---- Appellants Vinita Janardan D/o Sakha Ram Janardan, Aged About 33 Years Occupation - Service, Currently Posted As Training Officer In Government ITI, Durg Chhattisgarh. R/o Plot No. 2934, Manjula Niwas, Ward No. 61, Nahar Road, Tikrapara Raipur Chhattisgarh. WA No. 26 of 2023 ---- Respondent

3. State of Chhattisgarh Through The Secretary, Department of Man Power Planning Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh Director, Directorate Of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh Joint Director (Trainee), Directorate Of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh Versus ---- Appellants Sunil Kumar Garhewal S/o Shri Dhanau Ram Garhewal, Aged About 33 Years Presently Posted At - Training Officer (WCS And ED), Government Adarsh ITI Koni, Bilaspur (C.G.), R/o- Village Post - Munund District - Janjgir Champa Chhattisgarh WA No. 33 of 2023 ---- Respondent

1. State of Chhattisgarh Through The Secretary, Department of Man Power Planning, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 10

3. The Director, Directorate of Employment And Training, Indrawati Bhawan Block 04 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh The Joint Director (Trainee), Directorate Of Employment And Training, Indrawati Bhawan Block 04 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh Versus ---- Appellants Neetu Deshalahare S/o Shri Kanakram Deshalahare, Aged About 36 Years Presently Posted At - Training Officer (Copa), Government ITI Dhamdha (C.G.) R/o - H.N. 382/ K H - Tilak Ward No 7 Berla, Tehsil - Berla, District Bemetara Chhattisgarh Archana Toppo S/o Phildius Toppo Aged About 38 Years Presently Posted At Training Officer (Electrician), Government ITI Ambikapur Chhattisgarh R/o - Ward No. 8 Funduldihari Beechpara Infront of Ganesh Kirana Store, Post / Tehsil - Ambikapur Ghandinagar District - Sarguja Chhattisgarh WA No. 34 of 2023 ---- Respondents State of Chhattisgarh Through The Secretary, Department of Man Power Planning Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur (C.G.) Director Directorate of Employment And Training Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar, District Raipur (C.G.) Joint Director (Trainee) Directorate of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar, District Raipur (C.G.) Versus ---- Appellants Surendra Dewangan S/o Late Hemlal Dewangan Aged About 36 Years Presently Posted At Training Officer (Electronics) Govt. ITI Kurud Dhamtari (C.G.) R/o Lane No. 03 Waed No. 16, Tulsipur Near Kabir Mandir Rajnandgaon, Disst. Rajnandgaon (C.G.) WA No. 540 of 2022 ---- Respondent

2. State of Chhattisgarh Through The Secretary, Department of Man Power Planning, Mantralaya, Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh The Director Directorate of Employment And Training, Indrawati Bhawan, Block 4 First Floor, Naya Raipur 11

3. The Joint Director (Trainee) Directorate Of Employment And Training, Indrawati Bhawan, Block 4 First Floor, Naya Raipur Versus ---- Appellants Surendra Kumar Chaturvedi S/o Shri Shyam Bihari Chaturvedi Aged About 38 Years Presently Posted At Training Officer (R A C), ITI Govt. Industrial Training Institute, Gaurella, District Gaurella-Pendra Marwahi Chhattisgarh R/o Govt. I T I Gaurella, District : Gaurela-Pendra- Marwahi, Chhattisgarh Sandeep Kumar Swarnkar S/o Shri Bhagat Ram Swarnkar Aged About 36 Years Training Officer (W C S And E D), Govt. Industrial Training Institute, Premnagar, District Surajpur Chhattisgarh R/o Ward No. 27, Jagdalla Champa, Tehsil Champa, District : Janjgir-Champa, Chhattisgarh WA No. 665 of 2022 ---- Respondents State of Chhattisgarh Through The Secretary, Department of Man Power Planning, Mantralaya, Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh The Director Directorate of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar The Joint Director (Trainee) Directorate of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar Versus ---- Appellants Chandra Prakash Kashyap, S/o Shri Pratap Singh Kashyap, Aged About 35 Years Presently Posted At Training Officer (COPA) I T I Govt. I T I Suregaon, District Balod, Chhattisgarh, R/o C/o Mr Satish Tiwari, Hari Niwas College Road Arjunda, District : Balod, Chhattisgarh WA No. 666 of 2022 ---- Respondent

3. State of Chhattisgarh Through The Secretary, Department of Man Power Planning, Mantralaya, Mahanadi Bhawan, Atal Nagar Raipur, District Raipur Chhattisgarh. The Director Directorate of Employment And Training Indrawati Bhawan Block 04 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh. The Joint Director (Trainee) Directorate of Employment And Training, Indrawati Bhawan Block 04 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh. 12 Versus ---- Appellants Mamta Banjare W/o Shri Uttam Prasad Banjare Aged About 35 Years Presently Posted At Training Officer (Copa), Government Iti Tedesara, Rajnandgaon , Chhattisgarh, R/o Village Shirvadheeh, Pucheli, Mungeli , Tehsil Pathariya, District Mungeli Chhattisgarh.

3. WA No. 669 of 2022 ---- Respondent State of Chhattisgarh Through The Secretary, Department of Man Power Planning, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh The Director Directorate of Employment And Training, Indrawati Bhawan Block 04 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh The Joint Director (Trainee) Directorate of Employment And Training, Indrawati Bhawan Block 04 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh Versus ---- Appellants Bhupendra Kumar Sahu S/o Shri Narottam Ram Sahu Aged About 36 Years Presently Posted At-Training Officer (WCS And ED), Govt. ITI, Wadrafnagar (Chhattisgarh) R/o Village/post-Khopli, Durg, District Durg, Chhattisgarh Ravikiran Bhardwaj D/o Shri Rajendra Kumar Bhardwaj Aged About 38 Years Presently Posted At-Training Officer (WCS And ED), Govt. ITI Arang (Chhattisgarh) R/o-Q. N. G/106, Nit Campus, Raipur, District Raipur (C.G.). WA No. 670 of 2022 ---- Respondents State of Chhattisgarh Through The Secretary, Department of Man Power Planning Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh The Director Direcotrate Of Employment And Training Indrawati Bhawan Block 04 First Floor, Naya Raipur, Atal Nagar, District Raipur The Joint Director (Trainee) Directorate of Employment And Training Indrawati Bhawan, Block-4 First Floor, Naya Raipur, Atal Nagar District Raipur Versus ---- Appellants

2. 13 Indira Naik, W/o Shri Umesh Patel, Aged About 33 Years Presently Posted At Training Officer (ICTSM), ITI Govt. ITI Koni Bilaspur, Chhattisgarh, R/o Miti Colony Koni Bilaspur, Police Station Koni Tehsil Bilaspur, District Bilaspur, Chhattisgarh Rajpati Mehta W/o Shri Mithlesh Mehta Aged About 36 Years Presently Posted At Training Officer (Welder) Govt. ITI. Ambikapur, Chhattisgarh R/o Village Digma Sai Baba College Ke Pass, Tehsil/ Post Ambikapur, District Surguja, District : Surguja (Ambikapur), Chhattisgarh WA No. 671 of 2022 ---- Respondents State of Chhattisgarh Through The Secretary, Department of Man Power Planning, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh The Director, Directorate of Employment And Training, Indrawati Bhawan Block 04 First Floor, Naya Raipur, Atal Nagar The Joint Director (Trainee), Directorate of Employment And Training, Indrawati Bhawan Block 04 First Floor, Naya Raipur, Atal Nagar Versus ---- Appellants Jayanti Markande S/o Shri Ukha Ram Markande Aged About 32 Years Presently Posted At - Training Officer (Electrician), ITI Name - Govt. ITI Balod, District - Balod, R/o - C/o Subhash Chand Kurre Village - Umarpoti, Tehsil - Durg, District : Durg, Chhattisgarh Ved Prakash Chandrawanshi S/o Shri Bain Lal Chandrawanshi Aged About 34 Years Presently Posted At Training Officer (RAC), ITI Name - Govt. ITI Chhuriya, Chhattisgarh. R/o - Village And Post Mendha, Tehsil - Dongargarh, District : Rajnandgaon, Chhattisgarh ---- Respondents (Cause-title taken from Case Information System) For Appellants/State : Mr. H.S.Ahluwalia, Deputy Advocate General Respondents/ For Writ Petitioners 666/2022, : Mr. Faisal Akhtar {in WA No. 8/2023, 540/2022, 665/2022, 670/2022, 671/2022, 1/2023, 5/2023, 6/2023, 9/2023, 10/2023, 11/2023, 12/2023, 14/2023, 22/2023, 23/2023, 25/2023, 26/2023, 33/2023 and 34/2023} 669/2022, Mr. Uttam Pandey and Mr. Ashok Patil, Advocates {in WA 13/2023, WA 16/2023, 17/2023, 18/2023, 19/2023, 20/2023, 21/2023} 14 Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Smt. Rajani Dubey, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 19/04/2023

1. Since WA No. 8/2023, 1/2023, 5/2023, 6/2023, 10/2023, 11/2023, 12/2023, 13/2023, 14/2023, 16/2023, 17/2023, 18/2023, 19/2023, 20/2023, 21/2023, 23/2023, 25/2023, 26/2023, 33/2023, 34/2023, 665/2022, 666/2022, 669/2022, 670/2022, and 671/2022 arising out of a common order dated 03.03.2022 passed in WPS No. 6033/2023 and other connected cases, WA No. 9/2023 arising out of order dated

03.03.2022 passed in WPS No. 6208/2021, WA No. 22/2023 arising out of order dated 03.03.2022 passed in WPS No. 6363/2021 and WA No. 540/2022 arising out of order dated 04.03.2022 passed in WPS No. 6297/2021, by the learned Single Judge involve common facts and question of law, they are being heard together and decided by this common judgment.

2. WA No. 8 of 2023, arising out of WPS No. 6073/2021, is taken as the lead case for disposal of this batch of writ appeals.

3. The facts, in nutshell, is that writ petitioner (respondent herein) was appointed on the post of Training Officers by the Joint Director, Employment and Training vide order dated 10.01.2013 and after successful completion of two years of service, he was confirmed on the post of Training Officers.

Before the learned Single Judge, the writ petitioners (respondents 15 herein) had called in question the show cause notice dated 06.10.2021 issued by the Director, Technical Education & Employment (Appellant No. 2) by which it was held that since the appointment of the writ petitioners made on the post of Training Officer vide order dated

10.01.2013 was not in accordance with the provisions contained under Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon aur Anya Pichhde Vargon ke liye Aarakshan) Niyam, 1998 (hereinafter 'Rules of 1998'), therefore, by virtue of Section 14 of Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon aur Anya Pichhde Vargon ke liye Aarakshan) Adhiniyam, 1994 (hereinafter 'Act of 1994'), their appointment was voidable for which their explanation was sought for by the impugned notice.

It was the case of the writ petitioners that the impugned show cause notice was issued to them all of a sudden after completion of 8 years of service and moreover, since they were confirmed on the post of Training Officers, their services cannot be dispensed with/terminated without giving them a reasonable opportunity of being heard in terms of Article 311(2) of the Constitution of India, as such, the said show cause notice deserved to be quashed.

Before the learned Single Judge, a detailed return was filed by the respondents/State stating inter alia that since at the time of appointment of the writ petitioners, the Rules of 1998 which provided for reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes, were not followed, therefore, their appointment was voidable by virtue of Section 14 of the Act of 1994 for which show cause notice dated 06.10.2021 were served to the writ petitioners 16 seeking their explanation to which they were required to file reply and prayed for dismissal of the writ petitions treating it to be premature.

The learned Single Judge, after hearing the parties at length and after considering the materials available on record, allowed the writ petitions vide order dated 03.03.2022 against which the State/appellants have filed the instant batch of writ appeals.

It was argued by Mr. Ahluwalia, learned Deputy Advocate General, appearing for the State/appellants that the learned Single Judge erred in law by allowing the writ petitions of the writ petitioners (respondents herein) as the Hon’ble Supreme Court, in Secretary, Ministry of Defence v. Prabhash Chandra Mirdha, reported in (2012) 11 SCC 565, has deprecated interference by the Court at the stage of show cause notice. Further, the writ petitioners had not challenged the competence of the appellate authority in issuing the impugned show cause notice. He further relies on a decision of the Hon’ble Supreme Court in Union of India v. Costal Container Transporters Association and Others, reported in (2019) 20 SCC 446 and Union of India v. O. Chakradhar, reported in (2002) 3 SCC 146. Mr. Ahluwalia would further submit that the observations made by the learned Single Judge at paragraphs 11 to 14 are erroneous as the show cause notice has been branded as an order passed with pre- determined mind recording a clear cut finding to terminate the services of the writ petitioners. The Hon’ble Supreme Court has in clear terms held that contents of the show cause notice need to explicitly indicate as to the purpose with which the show cause notice is being issued, as observed in Gorkha Security Services v. Government (NCT of 17 Delhi) & Others, reported in (2014) 9 SCC 105.

On the other hand, Mr. Uttam Pandey and Mr. Faisal Akhtar, learned counsel, appearing for the writ petitioners (respondents herein) would support the impugned order and submit that no interference is called for. The learned Single Judge has committed no illegality while passing the impugned order.

We have heard learned counsel appearing for the parties and perused the pleadings and materials on record.

It is an admitted position that after lapse of about 8 years and after being confirmed on their respective posts, the writ petitioners were issued show cause notices holding their appointment as voidable. It was clearly mentioned in the notice as to why not their services be terminated.

Learned counsel for the appellants could not establish as to how the writ petitioners are at fault if their appointments were not made in accordance with the rule of reservation contained in the Rules of 1998. If there was any fault, it was the fault of the authorities who had conducted the entire recruitment process. Now, after lapse of more than 8 years, the writ petitioners, who have now been confirmed on their posts, cannot be thrown simiplicitor by issuing a show cause notice, which appears to be a mere formality as the same has been issued with a premeditated mind to terminate the service of the writ petitioners.

In Siemens Ltd. v. State of Maharashtra and Others, reported in (2006) 12 SCC, the Hon’ble Supreme Court has held that although ordinarily a writ court may not exercise its discretionary jurisdiction in 18 entertaining a writ petition questioning a notice to show cause unless the same inter alia appears to have been without jurisdiction, however, it has to be considered from a different angle, when a notice is issued with premeditation, a writ petition would be maintainable. Similarly, in Oryx Fisheries (P) Ltd. v. Union of India, reported in (2010) 13 SCC 427, the Hon’ble Supreme Court has taken a similar view. The learned Single Judge, at paragraphs 17 and 18, with reference to Article 311(2) of the Constitution of India and at paragraph 19, with reference to the meaning of words ‘dismissed’ and ‘removed’ has rightly relied on the decision of the Hon’ble Supreme Court in Moti Ram Deka v. General Manager, North East Frontier Railway, reported in AIR 1964 SC 600, wherein the Hon’ble Supreme Court had observed that the right held by a Government employee to hold a post cannot be interfered lightly and in case any such proceeding is required to be undertaken, necessary care and caution has to be ensured by the Government, which in order to safeguard the interest of a Government employee, as is contemplated under Article 311(2) of the Constitution of India.

While allowing the writ petitions, the learned Single Judge had also granted liberty to the appellant No. 2 to proceed afresh in accordance with law. The writ petitioners are confirmed government servants on the post of Training Officers and they have also completed more than 8 years of their respective services. They are entitled to constitutional protection as guaranteed under Article 311(2) of the Constitution of India and as such, their services cannot be terminated merely on the basis of a show cause notice which was impugned in the writ petitions. 19 The order passed by the learned Single Judge setting aside the show cause notice dated 06.10.2021 is just and proper warranting no interference.