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Pustam Singh Sidar And Ors vs State Of Chhattisgarh And Ors
2021 Latest Caselaw 1496 Chatt

Citation : 2021 Latest Caselaw 1496 Chatt
Judgement Date : 2 August, 2021

Chattisgarh High Court
Pustam Singh Sidar And Ors vs State Of Chhattisgarh And Ors on 2 August, 2021
                                   1

                                                                        AFR
      HIGH COURT OF CHHATTISGARH AT BILASPUR
                       WPS No. 453 of 2014
                  Order reserved on 20/07/2021
                  Order delivered on 02/08/2021

1. Dev Singh Paikra S/o Shri Ramnath Aged About 35
  Years     R/o    Village    Rajaama,         Post     Buldega,      P.S.
  Bagbahar, Distt. Jashpur, Chhattisgarh.

2. Mahendra Kumar Yadav S/o Shri Bhuvan Ram Yadav
  Aged About 42 Years R/o Village Maheshpur, Post
  Kodro, P.S. Bagbahar, Tahsil Patthalgaon, Distt.
  Jashpur, Chhattisgarh.

3. Manglu Ram Kurre S/o Shri Firu Ram Kurre Aged
  About 36 Years R/o Village Mahadev Tikra, Post
  Deewanpur, P.S. Patthalgaon, District : Jashpur,
  Chhattisgarh.

4. Shiv Kumar Tande S/o Late Shri Daduram Tande Aged
  About     38     Years     R/o       Village    Mudabahla,          Post
  Kukargaon,        P.S.   Bagbahar,           Tahsil    Patthalgaon,
  District : Jashpur, Chhattisgarh.

5. V.K. Singh Nag S/o Shri Jagsai Nag Aged About 32
  Years     R/o     Village   Khadamacha,             Post    Kukargaon,
  P.S. Bagbahar, Distt. Jashpur, Chhattisgarh.

6. Balam    Kumar    S/o Shri          Bahar    Sai    Aged About      26
  Years     R/o     Village   Khutapani,          Post       Kokiyakhar,
  P.S. Bagbahar, Distt. Jashpur, Chhattisgarh.

7. Halima Paikra D/o Shri Pratap Singh Aged About 25
  Years     R/o    Village    Pemla,       Post       Jamargi­B,      P.S.
  Patthalgaon, District : Jashpur, Chhattisgarh.

8. Sunita    Paikra    D/o    Shri       Chamr    Sai        Paikra   Aged
  About 21 Years R/o Village Saraitola Goutiapara,
                                      2

   Post     Shekharpur,        P.S.      Patthalgaon,           District   :
   Jashpur, Chhattisgarh.

 9. Ajeet Sai S/o Shri Janpad Ram Aged About 30 Years
   R/o     Village      And   Post       Bagbahar,       P.S.    Bagbahar,
   Distt. Jashpur, Chhattisgarh.

10. Harish Kumar Yadav S/o Shri Karmu Rai Aged About
   34 Years R/o Village Rede, Post Kukurbhuka, P.S.
   Bagbahar, District : Jashpur, Chhattisgarh.

11. Tarun Kumar Behra S/o Shri Khiti Bhushan Behra
   Aged About 34 Years R/o Village Tirsonth, Post
   Gharjiyabathan,            P.S.       Patthalgaon,          District    :
   Jashpur, Chhattisgarh.

                                                    ­­­­ Petitioners

                               Versus

 1. State    Of     Chhattisgarh          Through        The     Secretary,
   Department       Of Panchayat           And    Rural        Development,
   Mahanadi Bhawan, New Raipur, Chhattisgarh.

 2. Commissioner Mahatma Gandhi National Employment
   Guarantee Cell C.G., Office Of The Development
   Commissioner, Vikas Bhawan, Civil Lines, District
   : Raipur, Chhattisgarh.

 3. Collector, Distt. Jashpur Chhattisgarh,

 4. Zila     Panchayat         Jashpur       Through            The    Chief
   Executive            Officer,         District          :       Jashpur,
   Chhattisgarh.

 5. Union    Of    India      Ministry      Of    Rural        Development
   Through        The    Secretary        Govt.     Of     India      Krishi
   Bhavan,        Dr.    Rajendra        Prasad     Road,       New   Delhi
   110001.

                                                     ­­­ Respondents

WPS No. 464 of 2014

1. Madhu S/o Lt Piya Ram Aged About 27 Years Working As Rojgar Sahayak, Gram Panchayat Kantabel, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

2. Rajkumar Yadav S/o Lt Shankar Yadav Aged About 38 Years Working As Rojgar Sahayak, Gram Panchayat Khamhali, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

3. Mahesh Ram S/o Jhubla Ram Aged About 34 Years Working As Rajgar Shahayak, Gram Panchayat Gidha, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

4. Subodh Ram S/o Jhariya Aged About 24 Years Working As Rojgar Sahayak, Gram Panchayat, Jahriya, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

5. Namita Kerketta D/o Nirmal Aged About 21 Years Working As Rojgar Sahayak, Gram Panchayat Ordih, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

6. Sarima Xalxo D/o Herman Xalxo Aged About 20 Years Working As Rojgar Sahayak, Gram Panchayat Khutapani, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

7. Santosh Bunkar S/o Rateshwar Aged About 33 Years Workint As Rajgar Sahayak, Gram Panchayat Khonga, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

8. Sudarshan Bakhla S/o Simond, Aged About 22 Years Working As Rojgar Sahayak, Gram Panchayat Pandarsili, Ps And Block Manora, Distt Jashpur, , Chhattisgarh.

9. Harsh Kumari D/o Pithar Ekka Aged About 25 Years Working As Rojgar Sahayak, Gram Panchayat Mado, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

10. Anil Minj S/o Nirmal Minj Aged About 23 Years Working As Rojgar Sahayak, Gram Panchayat Kardih, Ps And Block Manora, Distt Jashpur Chhattisgarh.

11. Amar Sai S/o Mangur, Aged About 36 Years Working As Rojgar Sahayak, Gram Panchayat Sonkyari, Ps And Block Manora, Distt Jashpur Chhattisgarh.

12. Ishaq Tigga S/o Benjamin Aged About 22 Years Working As Rojgar Sahayak, Gram Panchayat Talasilli, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

13. Subhani Minj D/o Manmahi Minj Aged About 35 Years Working As Rojgar Sahayak, Gram Panchayat Harri, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

14. Rajkeshwar S/o Shankar Ram Aged About 30 Years Working As Rojgar Sahayak, Gram Panchayat Madhav, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

15. Jaichandr Banjare S/o Mathura Ram Aged About 38 Years Working As Rojgar Sahayak, Gram Panchayat Bumtel, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

16. Ravi Rajan Lakda S/o Hermon Lakda Aged About 28 Years Working As Rojgar Sahayak, Gram Panchayat Ghagra, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

17. Tuleshwar Bhagat S/o R.N.Bhagat Aged About 29 Years Working As Rojgar Sahayak, Gram Panchayat Patiya, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

18. Rakesh Tirkey S/o Aitwa Tirkey Aged About 28 Years Working As Rojgar Sahayak, Gram Panchayat Gajma, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

19. Suman Tirkey D/o Benjamin Tirkey Aged About 26 Years Working As Rojgar Sahayak, Gram Panchayat Gajma, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

20. Ranjeet Toppo S/o Ripis Toppo Aged About 28 Years Working As Rojgar Sahayak, Gram Panchayat Lukhi, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

21. Jeevanti Bai D/o Lahsu Aged About 30 Years Working As Rojgar Sahayak, Gram Panchayat Tempu, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

22. Anil Kumar Bhagat S/o Birbal Bhagat Aged About 25 Years Working As Rojgar Sahayak, Gram Panchayat Dumartoli, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

23. Sukhdev Ram S/o Gohdi Ram Aged About 28 Years Working As Rojgar Sahayak, Gram Panchayat Surjula, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

24. Arun Kumar Bhagat S/o Beerbal Ram Bhagat Aged About 25 Years Working As Rojgar Sahayak, Gram Panchayat Alori, Ps And Block Manora, Chhattisgarh.

25. Sumitra Ekka D/o Saniya Ekka Aged About 25 Years Working As Rojgar Sahayak, Gram Panchayat Sogda, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

26. Rikhi Roshan S/o Dilman Aged About 27 Years Working As Rojgar Sahayak, Gram Panchayat Kardana, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

27. Neeta Bai Aged About 26 Years Working As Rojgar Sahayak, Gram Panchayat Manora, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

28. Sundar Sai Aged About 28 Years Working As Rojgar Sahayak, Gram Panchayat Manora, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

29. Shiv Kumar Aged About 32 Years Working As Rojgar Sahayak, Gram Panchayat Chadiya, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

30. Reshma Kerketta Aged About 26 Years Working As Rojgar Sahayak, Gram Panchayat Sardih, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

31. Baleshwar Aged About 27 Years Working As Rojgar Sahayak, Gram Panchayat Rajla, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

32. Ramdayal Ram Aged About 33 Years Working As Rojgar Sahayak, Gram Panchayat Karadari, Ps And Block Manora, Distt Jashpur,Chhattisgarh.

33. Ashok Bhakla Aged About 32 Years Working As Rojgar Sahayak, Gram Panchayat Podipatkona, Ps And Tah Manora, Distt Jashpur, Chhattisgarh.

34. Shajid Aged About 31 Years Working As Rojgar Sahayak, Gram Panchayat Aastha, Ps And Block Manora, Distt Jashpur, Chhattisgarh.

­­­­ Petitioners Versus

1. State Of ChhattisgarhS/o Throuth Secretary, Panchayat And Social Welfare Department, Ps Rakhi, Tah Aarang, Naya Raipur, Distt Raipur Chhattisgarh.

2. Commissioner Mahatma Gandhi Nrega, Indrawati Bhawan, Naya Raipur, Ps Rakhi, Tah Aarang, Distt Raipur, Chhattisgarh.

3. Collector Jashpur, Ps Jashpur, Distt Jashpur, Chhattisgarh.

4. Chief Executive Officer Zila Panchayat, Jashpur, Ps And Distt Jashpur, Chhattisgarh.

­­­­ Respondents

WPS No. 465 of 2014

1. Santosh Kumar Kashyap S/o Vinod Kashyap, Aged About 30 Years Working As Rojgar Sahayak, Gram Panchayat Bangurkela, P.S. And Block Duldula, Distt. Jashpur, Chhattisgarh.

2. Baleshwar Ram S/o Lakhno Ram Aged About 30 Years Working As Rojgar Sahayak, Gram Panchayat Bamhni, P.S. And Block Duldula, Distt. Jashpur, Chhattisgarh.

3. Matheus Toppo, S/o Jawaxim Toppo Aged About 30 Years Working As Rojgar Sahayak, Gram Panchayat Barpani, P.S. And Block Duldula Distt. Jashpur, Chhattisgarh.

4. Arvind Mahto S/o Fulchand Mahto Aged About 26 Years Working As Rojgar Sahayak, Gram Panchayat Khatanga, P.S. And Block Duldula, Distt. Jashpur, Chhattisgarh.

5. Goreti Ekka W/o Zerbus Ekka Aged About 53 Years Working As Rojgar Sahayak, Gram Panchayat Charaidand, P.S. And Block Duldula, Distt. Jashpur, Chhattisgarh.

6. Panchali Diwan D/o Shyam Sundar Ram Aged About 28 Years Working As Rojgar Sahayak, Gram Panchayat Patratoli, P.S. And Block Duldula Distt. Jashpur, Chhattisgarh.

7. Laxman Ram S/o Muneshwar Ram Aged About 28 Years Working As Rojgar Sahayak, Gram Panchayat Loro, P.S. And Block Duldula, District : Jashpur, Chhattisgarh.

8. Kartikeshwar Ram S/o Chakkan Ram Aged About 40 Years Working As Rojgar Sahayak, Gram Panchayat Sirimkela, P.S. And Block Duldula, Chhattisgarh.

9. Pradeep Kumar Ram S/o Jalsu Ram Aged About 27 Years Working As Rojgar Sahayak, Gram Panchayat Cherdand, P.S. And Block Duldula Distt. Jashpur, Chhattisgarh.

10. Rozlin Xaxlo, D/o Zasariyus Xalxo Aged About 28 Years Working As Rojgar Sahayak, Gram Panchayat Chatakpur, P.S. And Block Duldula Distt. Jashpur, Chhattisgarh.

11. Gajendra Ram S/o Parmanand Ram Aged About 22 Years Working As Rojgar Sahayak, Gram Panchayat Raidih, P.S. And Block Duldula Distt. Jashpur, Chhattisgarh.

12. Marry Anjana Beck D/o Philmon Beck Aged About 28 Years Working As Rojgar Sahayak, Gram Panchayat Kastura, P.S. And Block Duldula Distt. Jashpur, Chhattisgarh.

13. Ramavati Bai D/o Chamar Sai Aged About 26 Years Working As Rojgar Sahayak, Gram Panchayat Kendapani, P.S. And Block Duldula, Distt. Jashpur, Chhattisgarh.

14. Prasan Kindo S/o Munwa Kindo Aged About 27 Years Working As Rojgar Sahayak, Gram Panchayat Korna, P.S. And Block Duldula, District : Jashpur, Chhattisgarh.

15. Reena Xess D/o Niranjan Xess Aged About 25 Years Working As Rojgar Sahayak, Gram Panchayat Vipatpur, P.S. And Block Duldula, Distt. Jashpur , Chhattisgarh.

16. Indrajeet Ram S/o Toro Ram Aged About 30 Years Working As Rojgar Sahayak, Gram Panchayat

Jampani, P.S. And Block Duldula, District : Jashpur, Chhattisgarh.

17. Padmavati Bai W/o Jainandan Ram Aged About 30 Years Working As Rojgar Sahayak, Gram Panchayat Jhargaon, P.S. And Block Duldula Distt. Jashpur, Chhattisgarh.

18. Kapleshwar Sai S/o Kalindar Sai Aged About 28 Years Working As Rojgar Sahayak, Gram Panchayat Simda, P.S. And Block Duldula, District : Jashpur, Chhattisgarh.

19. Vidyawati Bai W/o Ramkumar Aged About 29 Years Working As Rojgar Sahayak, Gram Panchayat Makribandha, P.S. And Block Duldula, District : Jashpur, Chhattisgarh.

20. Lilambar Ram S/o Dashrath Ram Aged About 25 Years Working As Rojgar Sahayak, Gram Panchayat Kardega, P.S. And Block Duldula, Distt. Jashpur , Chhattisgarh.

21. Gurbal Sai S/o Anuraj Aged About 27 Years Working As Rojgar Sahayak, Gram Panchayat Godaamba, P.S. And Block Duldula, Distt. Jashpur, Chhattisgarh.

22. Santosh Kumar Ram S/o Ram Niwas Ram Aged About 24 Years Working As Rojgar Sahayak, Gram Panchayat Gatibuda, P.S. And Block Duldula, Distt. Jashpur , Chhattisgarh.

23. Arvind Kumar Sai S/o Jagarnath Sai Aged About 26 Years Working As Rojgar Sahayak, Gram Panchayat Samghara, P.S. And Block Duldul, Chhattisgarh.

24. Swargan Kumari Benjamin Ekka W/o Marshall, Aged About 43 Years Working As Rojgar Sahayak, Gram Panchayat Chapatoli, P.S. And Block Duldula, Distt. Jashpur, Chhattisgarh.

25. Mohar Ram Yadav S/o Ganesh Ram Aged About 29 Years Working As Rojgar Sahayak, Gram Panchayat Mayurchundi, P.S. And Block Duldula, Distt. Jashpur, Chhattisgarh.

­­­­ Petitioners Versus

1. State Of Chhattisgarh S/o Through Secretary, Panchayat And Social Welfare Department, P.S. Rakhi, Tahsil Aarang, Naya Raipur, Chhattisgarh.

2. Commissioner Mahatma Gandhi Nrega, Indrawati Bhawan, Naya Raipur, P.S. Rakhi, Tahsil Aarang, Distt. Raipur, Chhattisgarh.

3. Collector Jashpur, P.S. Jashpur, Distt. Jashpur, Chhattisgarh.

4. Chief Executive Officer Zila Panchayat, Jashpur, P.S. Jashpur, Distt. Jashpur, Chhattisgarh.

­­­­ Respondents WPS No. 472 of 2014

1. Abhimanyu Dansen S/o Hirdhar Dansena Aged About 30 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Ankira, R/o Nakira, Po Ankira, P.S. Tumla, Distt. Jashpur, Chhattisgarh.

2. Vineet Kerketta, S/o James Kerketta Aged About 34 Years Presently Posted As Rojgar Sahayak, Gram Panchayat Lawakera, R/o Village Lawakera, Po Lawakera, Ps Tapkara, District : Jashpur, Chhattisgarh.

3. Sitamber Say S/o Lodro Say Aged About 35 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Kersai, R/o Village Kersai, Po Kersai, Ps Tapkara, Distt. Jashpur, Chhattisgarh.

4. Gulabi Bai D/o Dudheswar Ram Aged About 25 Years Presently Posted As Rozgar Sahayak Gram Panchayat

Sikirma, R/o Village Sikirma, Po Sikirma, Ps Pharsabahar, District : Jashpur, Chhattisgarh.

5. Ku. Prafull Chauhan D/o Kadhi Ram Aged About 26 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Jharmuda, R/o Village Jharmuda, Po Ankira, Ps Tumla, District : Jashpur, Chhattisgarh.

6. Domnika Kindo D/o Karlush Kindo Aged About 31 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Matipahad Charra, R/o Village Matipahad Charra, Po Bhelwa, Ps Tumla, Distt. Jashpur, Chhattisgarh.

7. Susheel Toppo S/o Albish Toppo Aged About 32 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Kohpari, R/o Village Kohpari, Ps Tapkara, Po Tapkara, Distt. Jashpur C.G., Chhattisgarh.

8. Ushakanti Singh D/o Bhuneshwari Singh Aged About 25 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Hetdhiya, R/o Village Hetdhiya, Po Khurgaon, Ps Pharsabahar, Distt. Jashpur, Chhattisgarh.

9. Mithileshwari Bai D/o Govind Singh Aged About 25 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Khurgaon, R/o Village Khurgaon, Po Khurgaon, Ps Pharsabahar, Distt. Jashpur, Chhattisgarh.

10. Shyama Charan S/o Lal Dev Ram Aged About 39 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Singibahar R/o Village Singibahar, Po Singibahar, Ps Tapkara, Distt. Jashpur, Chhattisgarh.

11. Dilip Kumar S/o Madan Ram Aged About 31 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Uparkachar, R/o Village Uparkachar, Po Uparkachar, Ps Tapkara Distt. Jashpur, Chhattisgarh.

12. Ram Dev Ram S/o Dhud Ram Aged About 39 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Dhaurasad, R/o Village Pharsabahar, Po Pharsabahar, Ps Pharsabahar, Distt. Jashpur, Chhattisgarh.

13. Radhe Lal Say S/o Dar Say Aged About 31 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Sajbahar, R/o Village Sajbahar, Po Tapkara, Ps Tapkara, Distt. Jashpur, Chhattisgarh.

14. Falabia Ekka S/o Domnik Ram Aged About 33 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Lathborta, R/o Village Lathbora, Po Khorgaon, Ps Pharsabahar, Distt. Jashpur, Chhattisgarh.

15. Pawan Kumar Khess S/o Minsent Khess Aged About 24 Years Presently Posted At Rozgar Sahayak Gram Panchayat Pandri Pani, R/o Village Pandripani, Po Pharsabahar, Ps Pharsabahar, Distt. Jashpur, Chhattisgarh.

16. Hemlata Bai D/o Baldev Say Aged About 32 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Tuba, R/o Village Tuba, Po Pharsabahar, Ps Pharsabahar, Distt. Jashpur, Chhattisgarh.

17. Nand Kishore Ram S/o Ram Lal Ram Aged About 30 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Bamhanmara, R/o Village Bamhanmara, Po Tapkara, Ps Tapkara, Distt. Jashpur, Chhattisgarh.

18. Anup Ram Nayak S/o Dallu Ram Aged About 28 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Jabla, R/o Village Tapkara, Po Tapkara, Ps Tapkara, Distt. Jashpur, Chhattisgarh.

19. Sangeeta Paikra W/o Rajesh Paikra Aged About 31 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Bokhi, R/o Village Bokhi, Po Sehespur, Ps Pharsabahar, Distt. Jashpur, Chhattisgarh.

20. Om Prakash S/o Gopal Prasad Aged About 38 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Kandaibahar, R/o Village Kandaibahar, Po Kandaibahar, Ps Pharsabahar, District : Jashpur, Chhattisgarh.

21. Anil Kumar S/o Surendra Say Aged About 26 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Seemabari, R/o Village Seemabari, Po Seheshpur, Ps Pharsabahar, Distt. Jashpur, Chhattisgarh.

22. Parmeela Bai D/o Santar Say Aged About 24 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Bhabora, R/o Village Bhabora, Po Bhabora, Ps Pharsabahar, Distt. Jashpur, Chhattisgarh.

23. Jeevan Kishore Tirkey S/o Antony Tirkey Aged About 29 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Mendrabahar, R/o Village Mendrabahar, Po Mendrabahar, Ps Pharsabahar, Distt. Jashpur, Chhattisgarh.

24. Tej Kumar Lakda S/o Patras Lakda Aged About 44 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Amdiha, R/o Village Amdiha, Po Tapkara, Ps Tapkara, Distt. Jashpur, Chhattisgarh.

25. Bal Kumar Say S/o B. Liru Say Aged About 33 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Ambakachar, R/o Village Ambakachar, Po Dumaria, Ps Pharsabahar, District : Jashpur, Chhattisgarh.

26. Suchita Paikra D/o Bhuwneshwar Say Aged About 26 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Dharighat, R/o Village Dharighat, Po Dharighat, Ps Pharsabahar, District : Jashpur, Chhattisgarh.

27. Khuleshwar Ram S/o Mangra Ram Aged About 21 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Pharsabahar, R/o Village Pharsabahar, Po Pharsabahar, Ps Pharsabahar, Chhattisgarh.

­­­­ Petitioners Versus

1. State Of Chhattisgarh S/o Through Its Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt. Raipur, Chhattisgarh.

2. The Collector Jashpur, District : Jashpur, Chhattisgarh.

3. Chief Executive Officer Zila Panchayat Jashpur, Distt. Jashpur, Chhattisgarh.

4. Chief Executive Officer, Janpad Panchayat Pharsabahar, District : Jashpur, Chhattisgarh.

­­­­ Respondents

WPS No. 474 of 2014

1. Pustam Singh SidarS/o Rajan Singh Aged About 33 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Dongadarha, R/o Village Dongadarha, Po Dumariya, Ps Tumla, Chhattisgarh.

2. Damrudhar Ram S/o Jugeshwar Ram Aged About 25 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Jamtoli, R/o Village Jamtoli, Po Kolhen, Ps Tumla, Distt Jashpur, Chhattisgarh.

3. Omprakash Sao S/o Ramdhani Prasad Aged About 31 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Daltoli, R/o Village Daltoli, Po Konpara, Ps And Tah Pharsabahar, Distt Jashpur, Chhattisgarh.

4. Gangadhar Ram S/o Nakul Ram Aged About 32 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Kharbihar, R/o Village Khabihar, Po Lawakera, Ps Tumla, Distt Jashpur, Chhattisgarh.

5. Raju Sai S/o Haldhar Sai Aged About 29 Years Presently Posted At Rozgar Sahayak Gram Panchayat Konpara, R/o Village Konpara, Po Konpara, Ps Pharsabahar, Distt Jashpur, Chhattisgarh.

6. Bhuneshwar Ram Yadav S/o Purno Ram Yadav Aged About 30 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Tumla, R/o Village Tumla, Ps Tumla, Tah Pharsabahar, Distt Jashpur, Chhattisgarh.

7. Bipin Kumar Yadav S/o Lt Meghnath Yadav Aged About 33 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Tumla, R/o Village Tumla, Ps Tumla, Tah Pharsabahar, Distt Jashpur Chhattisgarh.

8. Guru Ram Bharadwaj S/o Dirjo Ram Aged About 30 Years Presenlty Posted At Rozgar Sahayak, Gram Panchayat Dongadarha, R/o Village Dongadarha, Po Dumariya, Ps Tumla, Distt Jashpur, Chhattisgarh.

9. Tapasya Bai W/o Sakal Ram Aged About 27 Years Presently Posted As Rozgar Sahayak, Gram

Panchayat Basajhal, R/o Village Basajhal, Po Basajhal, Ps Tapkara, Distt Jashpur, Chhattisgarh.

10. Nanhu Ram S/o Kandra Ram Aged About 36 Years Presently Posted As Rozgar Sahayak, Gram Panchayat Jorndajharia, R/o Village Jorndajharia, Tah Pharsabahar, Ps Pharsabahar, Distt Jashpur Chhattisgarh.

11. Mahesh Say S/o Birbal Say Aged About 40 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Bhelwa, R/o Village Bhelwa, Po Bhelwa, Tah Pharsabahar, Po Pharsabahar, Distt Jashpur, Chhattisgarh.

12. Anima Ekka D/o Junus Ekka Aged About 24 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Jambahar, R/o Village Jambahar, Po Jambahar, Ps Tapkara, Distt Jashpur, Chhattisgarh.

13. Clayment Kerketta S/o Kameel Kerketta Aged About 43 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Korgamal, R/o Village Korgamal, Po Ankira, Ps Tumla, Distt Jashpur, Chhattisgarh.

14. Anand Ram S/o Aghin Saap Aged About 25 Years Presently Posted As Rozgar Sahayak, Gram Panchayat Sundarr, R/o Village Sundarr, Po Tapkara, Ps Tapkarra, Distt Jashpur,Chhattisgarh.

15. Shyambati Nayak S/o Saleet Ram Nayak Aged About 35 Years Presently Posted As Rozgar Sahayak, Gram Panchayat Sundarr, R/o Village Tapkara, Po Tapkara, Ps Tapkara, Distt Jashpur, Chhattisgarh.

16. Anita Marawi D/o Rupchand Marawi Aged About 25 Years Presently Posted As Rozgar Sahayak, Gram Panchayat Samdama, R/o Village Samdama, Po

Basajhal, Ps Tapkara, Distt Jashpur, Chhattisgarh.

17. Subal Say S/o Gurbal Say Aged About 30 Years Presently Posted As Rozgar Sahayak, Gram Panchayat Puraeenbandh, Pu8raeenbandh, Ps Tapkara, Distt Jashpur, Chhattisgarh.

18. Ashok Kumar Nayak S/o Sukhram Aged About 30 Years Presently Posted As Rozgar Sahayak, Gram Panchayat Babjhagbahar, R/o Village Babujhahar, Po Ankira, Ps Tumla, Distt Jashpur, Chhattisgarh.

19. Dhanjeet Ram S/o B. Parukal Ram Aged About 28 Years Presently Posted As Rozgar Sahayak, Gram Panchayat Sehespur, R/o Village Sehespur, Po Sehespur, Ps Pharsabahar, Distt Jashpur, Chhattisgarh.

20. Vishnu Ram S/o Kanhaiya Lal Aged About 34 Years Presently Posted As Rozgar Sahayak, Gram Panchayat Dhumra, R/o Village Dhumra, Po Jambahar, Ps Pharsabahar, Distt Jashpur, Chhattisgarh.

21. Sunil Kumar S/o Sadhu Say Aged About 35 Years Presently Posted As Rozgar Sahayak, Gram Panchayat Pagurabahar, R/o Village Pagurabahar, Po Kandaibahar, Ps Tapkara, Distt Jashpur, Chhattisgarh.

22. Harshlata Bhagat D/o Hadsan Ram Bhagat Aged About 24 Years Presently Posted As Rozgar Sahayak, Gram Panchayat Bangaon, R/o Village Bangaon, Po Pharsabahar, Ps Pharsabahar, Distt Jashpur Chhattisgarh.

23. Muneshwar Say Paikra S/o Rupdhar Paikra Aged About 28 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Kutgharbuda, R/o Village

Kutgharbuda, Po Kothenjharia, Ps Tumla, Distt Jashpur, Chhattisgarh.

24. Jitendra Tandey S/o Anant Ram Tandey Aged About 28 Years Presently Posted As Rozgar Sahayak, Gram Panchayat Kothenjharia R/o Village Kothenjharia, Po Kothenjharia, Ps Tumla, Distt Jashpur, Chhattisgarh.

25. Parmeela Paikra D/o Dhaneswar Prasad Aged About 32 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Mahuwadeah, R/o Village Mahuwadeah, Po Konpara, Ps Tumla, Distt Jashpur, Chhattisgarh.

26. Pradeep Say S/o Mohan Say Aged About 29 Years Presently Posted As Rozgar Sahayak, Gram Panchayat Kumharbahar, R/o Village Pharsabahar, Distt Jashpur, Chhattisgarh.

27. Ram Sagar Ram S/o Manbod Ram Aged About 40 Years Presently Posted As Rozgar Sahayak, Gram Panchayat Gambhiyadeah, R/o Village Gambhiyadeah, Po Kolhean Jharia, Ps Pharsabahar, Distt Jashpur, Chhattisgarh.

­­­­ Petitioners Versus

1. State Of Chhattisgarh And Ors. S/o Through Its Secretary, Deptt Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh.

2. The Collector Jashpur, Distt Jashpur, Chhattisgarh.

3. Chief Executive Officer Zila Panchayat, Jashpur, Distt Jashpur, Chhattisgarh.

4. Chief Exective Officer, Janpad Panchayat Pharsabahar, Distt Jashpur, Chhattisgarh.

­­­­ Respondents

WPS No. 483 of 2014

1. Kamal Sai S/o Lochan Ram Aged About 26 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Bagiya, R/o Village Bagiya, Police Station Kansabel, Distt. Jashpur, Chhattisgarh.

2. Harishchandra Sai S/o Rangnath Sai Aged About 33 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Bagiya, R/o Village Bagiya, Police Station Kansabel, Distt. Jashpur , Chhattisgarh

3. Mukesh Soni S/o Durga Prasad Soni Aged About 30 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Barjor, R/o Village Nariyal Dand, Police Station Kansabel, Distt. Jashpur , Chhattisgarh

4. Santoshi Sidar D/o Santosh Sidar Aged About 28 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Bataikela, R/o Village Bataikela, Police Station Kansabel, Distt. Jashpur , Chhattisgarh

5. Santan Say S/o Sukhnath Say Aged About 26 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Chetba R/o Village Chetba Police Station Kansabel, Distt. Jashpur , Chhattisgarh

6. Sheela Bai D/o Faran Ram Aged About 28 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Cheraghoghra, R/o Village Kansabel, Police Station Kansabel, Distt. Jashpur, Chhattisgarh

7. Anita Bai D/o Nandkishore Sidar Aged About 30 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Chidora, R/o Village Chidora, Police Station Kansabel, Distt. Jashpur, Chhattisgarh

8. Jay Pratap Say S/o Sharda Prasad Aged About 32 Years Presently Posted At Rozgar Sahayak, Gram

Panchayat Chogriwagha, R/o Village Chogriwagha, Police Station Kansabel, Distt. Jashpur, Chhattisgarh

9. Dewanti Bai S/o Shyam Kumar Singh Aged About 30 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Deevri, R/o Village Deevri, Police Station Kansabel, Distt. Jashpur, Chhattisgarh

10. Dineshwar Ram S/o Vishwanath Bhagat Aged About 32 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Dokda, R/o Village Dokda, Police Station Kansabel, Distt. Jashpur, Chhattisgarh

11. Dayakishori Bai Jagnath Bhagat Aged About 30 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Parasajuvaen, R/o Village Parasajuvaen, Police Station Kansabel, Chhattisgarh

12. Melprakash Toppo S/o Markush Toppo Aged About 35 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Hathgada, R/o Village Hathgada, Police Station Kansabel, Distt. Jashpur, Chhattisgarh

13. Aasha Ram Yadav S/o Katdu Ram Yadav Aged About 35 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Jurmkela, R/o Village Jurmkela, Police Station Kansabel, Distt. Jashpur, Chhattisgarh

14. Sanjay Ram Chankresh S/o Mahesh Ram, Aged About 35 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Kharangkhar, R/o Village Kharangkhar, Police Station Kansabel, Distt. Jashpur, Chhattisgarh

15. Sudhoram Yadav S/o Purno Ram Yadav Aged About 34 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Kenadadh, R/o Village Betekela, Police Station Kansabel, Distt. Jashpur, Chhattisgarh

16. Prema Toppo W/o Jaypal Singh Sidar Aged About 30 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Khutera, R/o Village Khutera, Police Station Kansabel, Distt. Jashpur, Chhattisgarh

17. Anna Xalxo S/o Iliyazar Xalxo Aged About 36 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Kodlia, R/o Village Kodlia, Police Station Kansabel, Distt. Jashpur, Chhattisgarh

18. Bhojwati Singh D/o Rajkishore Singh Aged About 23 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Koranga, R/o Village Koranga, Police Station Kansabel, Distt. Jashpur, Chhattisgarh

19. Pradeep Bhagat S/o Satya Narayan Aged About 25 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Kotang Pali, R/o Village Kotang Pali, Police Station Kansabel, Distt. Jashpur, Chhattisgarh

20. Sulochna Paikra D/o Dalinder Say Aged About 32 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Khutitoli, R/o Village Khutitoli, Police Station Kansabel, Distt. Jashpur Chhattisgarh.

21. Dhawani Ekka D/o Nirdosh Ekka Aged About 35 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Kusumtal, R/o Village Kusumtal, Police Station Kansabel, Distt. Jashpur, Chhattisgarh.

22. Sushila Bai D/o Faran Ram Aged About 30 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Nakwar, R/o Village Kansabel, Police Station Kansabel, Distt. Jashpur, Chhattisgarh.

23. Keshaw Prasad Singh S/o Ishwer Chand Singh Aged About 30 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Nakri Munda, R/o Village

Nakri Munda, Police Station Kansabel, Distt. Jashpur, Chhattisgarh.

24. Dhansu Ram S/o Satyanand Ram Aged About 38 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Nariyaldadh, R/o Village Nakrimunda, Police Station Kansabel, District : Jashpur, Chhattisgarh.

25. Ku. Vimla Minj D/o Denial Minj Aged About 38 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Sagibhawna, R/o Village Sagibhawna, Police Station Kansabel, Distt. Jashpur, Chhattisgarh.

26. Prabhat Kumar S/o Bhuneshwar Say Aged About 38 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Sajapani, R/o Village Sajapani, Police Station Kansabel, Distt. Jashpur, Chhattisgarh.

27. Prem Singh S/o Mahinagh Singh Aged About 35 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Semar Kachar, R/o Village Semar Kachar, Police Station Kansabel, Distt. Jashpur, Chhattisgarh.

28. Purnima Paikra D/o Somaru Say Aged About 28 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Suji Bahar, R/o Village Suji Bahar, Police Station Kansabel, Distt. Jashpur, Chhattisgarh.

29. Manohar Bhagat S/o Fakir Bhagat Aged About 32 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Patrapali, R/o Village Patrapali, Police Station Kansabel, Distt. Jashpur, Chhattisgarh.

30. Rajesh Paikra S/o Vindeshwar Say Aged About 30 Years Presently Posted At Rozgar Sahayak, Gram

Panchayat Pongro, R/o Village Pongro, Police Station Kansabel, Distt. Jashpur, Chhattisgarh.

31. Arvind Say S/o Vimal Say Aged About 23 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Pushra, R/o Village Pushra, Police Station Kansabel, Distt. Jashpur, Chhattisgarh.

32. Bundar Ram Narange S/o Prem Say Narange Aged About 38 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Sabdmunda, R/o Village Tagargaon, Police Station Kansabel, Distt. Jashpur, Chhattisgarh.

33. Ram Vrikash Ram S/o Bhartari Ram Aged About 31 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Tagargaon, R/o Village Tagargaon, Police Station Kansabel, Distt. Jashpur, Chhattisgarh.

34. Anand Bhagat S/o Neher Say Aged About 33 Years Presently Posted At Rozgar Sahayak, Gram Panchayat Tilanga, R/o Village Tilanga, Police Station Kansabel, Distt. Jashpur, Chhattisgarh.

­­­­ Petitioners Versus

1. State Of Chhattisgarh S/o Through Its Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, , Chhattisgarh.

2. The Collector Jashpur, Distt. Jashpur, Chhattisgarh

3. Chief Executive Officer Zila Panchayat Jashpur, Distt. Jashpur, Chhattisgarh

4. Chief Executive Officer, Janpad Panchayat Kansabel, Distt. Jashpur, Chhattisgarh

­­­­ Respondents

WPS No. 506 of 2014

1. Binod Ram S/o Lallu Ram Aged About 32 Years Working On The Post Of Rojgar Sahayak, Village Panchayat, Tatkela, Janpad Panchayat Bagicha, Ps And Tah Bagicha, Distt Jashpur, Chhattisgarh.

­­­­ Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, New Raipur, Dist Raipur, Chhattisgarh

2. Commissioner Rojgar Guarantee Scheme Development, Indrawati Bhawan, New Raipur, Distt Raipur, Chhattisgarh

3. Collector Jashpur, Distt Jashpur, Chhattisgarh

4. Chief Executive Officer Zila Panchayat, Jashpur, Distt Jashpur, Chhattisgarh

5. Chief Executive Officer, Janpad Panchayat Bagicha, Distt Jashpur, Chhattisgarh

­­­­ Respondents

WPS No. 510 of 2014

1. Arvind Tirki S/o Shri Miltush Tirki Aged About 29 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Burhadand, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh.

2. Premwati Bai W/o Shri Kunwar Sai Aged About 28 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Bagdol, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

3. Tejkumar Khalkho S/o Shri Astanislas Khalkho Aged About 23 Years Presently Working On The Post Of

Rojgar Sahayak, Village Panchayat, Bachharao, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

4. Kanti Bai W/o Shri Fulchand Ram Aged About 29 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Bharia, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

5. Karmchand Suryavanshi S/o Shri Ramnath Aged About 30 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Bimda, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

6. Manjeet Ram S/o Shri Lohraram Aged About 31 Years Presently Working On The Post Of Rojgar Sahayak , Village Panchayat, Bodapahari, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

7. Omprakash Yadav S/o Shri Ajodhya Prasad Aged About 28 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Chhirodih, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

8. Chonhas Toppo S/o Shri Nicodeen Toppo Aged About 26 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Dangari, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

9. Jawaharlal Yadav S/o Shri Thakuri Prasad Aged About 28 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Deodand, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

10. Indranath Ram S/o Shri Ramuram Aged About 30 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Durgapara, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

11. Ku. Rajeshwari Bai D/o Shri Mahendra Nath Aged About 28 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Gayluga, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

12. Smt. Tarawati Bai W/o Shri Patar Ram Aged About 32 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Ghoghar, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

13. Anil Suman Ekka S/o Shri Teleshfor Ekka Aged About 34 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Gudlu, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

14. Ajit Gupta S/o Shri Laxmi Prasad Gupta Aged About 30 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Jhikki, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

15. Vijay Dhariram S/o Shri Injor Sai Aged About 30 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Jujgu, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

16. Govind Ram S/o Shri Kumar Ram Aged About 32 Years Presently Working On The Post Of Rojgar Sahayak , Village Panchayat, Jurudand, Janpad Panchayat

Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

17. Ku. Savitri D/o Shri Jageshwar Ram Aged About 27 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Kaliya, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

18. Balgovind Yadav S/o Shri Rameshwar Yadav Aged About 31 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Kamarima, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

19. Magribai W/o Shri Kamalsai Aged About 28 Years Presently Working On The Post Of Rojgar Sahayak , Village Panchayat, Kudmura, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

20. Yorom Kumar S/o Shri Lothoram Aged About 30 Years Presently Working On The Post Of Rojgar Sahayak , Village Panchayat, Purog, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha, District : Jashpur, Chhattisgarh

21. Sanjit Das S/o Shri Chiranjan Das Aged About 30 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Kutma, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

22. Sandeep Kumar S/o Shri Ramnath Aged About 27 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Mahuadih, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

23. Sanjay Kumar S/o Shri Sukhdev, Aged About 35 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Maini, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

24. Smt. Sandhyasi Bai W/o Shri Bikwaram Aged About 26 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Marol, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

25. Birbal Ram S/o Shri Namsuram Aged About 30 Years Presently Working On The Post Of Rojgar Sahayak , Village Panchayat, Burhadand, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur , Chhattisgarh

26. Ambikeshwar S/o Shri Shivprasad Aged About 30 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Natkela, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

27. Andrilima Tirki S/o Jakharious Tirki Aged About 32 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Pandripani, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

28. Smt. Lalita Bai W/o Shri Genda Lal Paikra Aged About 28 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Pasiya, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

29. Arvind Ram S/o Shri Lattiram Aged About 28 Years Presently Working On The Post Of Rojgar Sahayak , Village Panchayat, Peta, Janpad Panchayat Bagicha

P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

30. Basant Kumar Pathak S/o Shri Sitaram Pathak Aged About 28 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Sanna, Janpad Panchayat Bagicha P.S.Sanna Tahsil Bagicha Distt. Jashpur, Chhattisgarh

31. Mohar Sai S/o Shri Gambhir Sai Aged About 28 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Rauni, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

32. Smt. Kaushilya Bhagat W/o Shri Shivprasad Aged About 28 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Rokada, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

33. Vasudev Ram S/o Shri Lohra Sai Aged About 32 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Sahidand, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

34. Ku. Saroj Toppo D/o Shri Romanus Toppo Aged About 26 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Sarabkombo, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

35. Jivan Kishore Kujur S/o Shri Mangru Ram Aged About 28 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Saraipani, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

36. Smt. Shashikala Bai W/o Shri Arjun Prasad Yadav Aged About 30 Years Presently Working On The Post Of Rojgar Sahayak , Village Panchayat, Sardhapad, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

37. Ku. Shilawati Lakra D/o Shri Ratiram Aged About 30 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Sardih, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

38. Nandlal S/o Shri Bhuiyaram Aged About 28 Years Presently Working On The Post Of Rojgar Sahayak , Village Panchayat, Songersa, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

39. Sanjay Tirki S/o Shri Bhisent Tirki Aged About 33 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Sulesha, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

40. Ganesh Ram S/o Shri Rameshwar Ram Aged About 31 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Tambakachhar, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

41. Ku. Lalita Bai D/o Shri Ramnaresh Ram Aged About 30 Years Presently Working On The Post Of Rojgar Sahayak, Village Panchayat, Tangardih, Janpad Panchayat Bagicha P.S. And Tahsil Bagicha Distt. Jashpur, Chhattisgarh

­­­­ Petitioners Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, New Raipur, Chhattisgarh

2. Commissioner Rojgar Guarantee Scheme Development, Indrawati Bhawan, New Raipur, Chhattisgarh

3. Collector Jashpur, Distt. Jashpur, Chhattisgarh

4. Chief Executive Officer Zila Panchayat Jashpur, Distt. Jashpur, Chhattisgarh

5. Chief Executive Officer, Janpad Panchayat Bagicha, Distt. Jashpur, Chhattisgarh

­­­­ Respondents

WPS No. 2615 of 2014

1. Vishnu Prasad Singh S/o Maheshwar Singh Aged About 30 Years Presently Working As A Rojgar Sahayak Gram Panchayat Ghaghari, Janpad Panchayat Ambikapur, Dist Surguja, Chhattisgarh

2. Shyamlal Pradhan S/o Prem Sai Aged About 35 Years Presently Working As A Rojgar Sahayak, Gram Panchayat Kanthi, Janpad Panchayat Ambikapur, Distt Surguja, Chhattisgarh

3. Ku. Savita D/o Amarnath Singh Aged About 29 Years Working As A Rojgar Sahayak, Gram Panchayat Khalgasa, Janpad Panchayat Ambikapur, Distt Sarguja, Chhattisgarh

4. Umed Das S/o Nageshwar Das Aged About 29 Years Working As A Rojgar Shayak, Gram Panchayat Karra, Janpad Panchayat, Ambikapur, Dist Sarguja, Chhattisgarh

5. Vijay Singh S/o Lt Sukhram Singh Aged About 29 Years Working As A Rojgar Sahayak, Gram Panchayat Pampapur, Janpad Panchayat, Ambikpaur, Distt

Sarguja, District : Surguja (Ambikapur), Chhattisgarh

6. Nirajan S/o Tidu Ram Aged About 28 Years Rojgar Sahayak Gram Panchayat Karmaha, Janpad Panchayat Ambikapur,d Istt Sarguja, Chhattisgarh

7. Chandrma Prasad S/o Jagdish Ram Aged About 37 Years Working As A Rojgar Sahayak Gram Panchayat Labji, Janpad Panchayat, Ambikapur, Distt Surguja, Chhattisgarh

8. Sahendra Kumar Rajwade S/o Naresh Rajwade Aged About 32 Years Workinga As A Rojgar Sahayak, Gram Panchayat Narmadapara, Janpad Panchayat, Ambikapur, Distt Surguja, Chhattisgarh

9. Suresh Prasad Soni S/o Raghunath Prasad Soni Aged About 30 Years Working As A Rojgar Sahayak Gram Panchayat Bakalo, Janpad Panchayat, Ambikapur, Distt Surguja, Chhattisgarh

10. Tulsiram S/o Tejram Aged About 35 Years Working As A Rojgar Sahayak, Gram Panchayat Bapauli, Janpad Panchayat, Ambikapur, Dist Surguja, Chhattisgarh

11. Dashu Minj S/o Manglu Minj Aged About 27 Years Working As A Rojgar Sahayak, Gram Panchayat Mohanpur, Janpad Panchayat, Ambikapur, Distt Surguja, Chhattisgarh

12. Vinay Kumar S/o Rupanand Aged About 36 Years Working As A Rojgar Sahayak, Gram Panchayat Nawanagar, Janpad Panchayat, Ambikapur, Distt Surguja, Chhattisgarh

13. Ravishankar S/o Mohan Ram Aged About 30 Years Working As A Rojgar Sahayak, Gram Panchayat Bakhura, Janpad Panchayat, Ambikapur, Distt Surguja, Chhattisgarh

14. Shiva Ram Ekka S/o Jhangi Ekka Aged About 37 Years Working As A Rojgar Sahayak, Gram Panchayat Badadamali, Janpad Panchayat, Ambikapur, Distt Surguja, Chhattisgarh

15. Rolesh Kumar Paikra S/o Ram Bihari Aged About 25 Years Working As A Rojgar Sahayak, Gram Panchayat Kanchanpur, Janpad Panchayat, Ambikapur, Distt Surguja, Chhattisgarh

16. Kapil Singh S/o Kishun Singh Aged About 24 Years Working As A Rojgar Sahayak, Gram Panchayat Saraitikra, Janpad Panchayat, Ambikapur, Distt Surguja, Chhattisgarh

17. Shambhu Prasad S/o Lt Rupan Ram Aged About 35 Years Working As A Rojgar Sahayak, Gram Panchayat Mudesa, Janpad Panchayat, Ambikapur, Distt Surguja, Chhattisgarh

18. Banteshwar Ram S/o Sahajan Ram Aged About 32 Years Working As A Rojgar Sahayak, Gram Panchayat Parsodikhurd, Janpad Panchayat, Ambikapur, Distt Surguja, Chhattisgarh

19. Veer Sai S/o Jagmohan Aged About 30 Years Working As A Rojgar Sahayak, Gram Panchayat Chatirma, Janpad Panchayat, Ambikapur, Distt Surguja, Chhattisgarh

20. Lal Bahadur S/o Kariman Aged About 28 Years Working As A Rojgar Sahayak, Gram Panchayat Digma, Janpad Panchayat, Ambikapur, Distt Surguja, Chhattisgarh

21. Ku. Vetnisha Lakda D/o Nemhas Lakda Aged About 25 Years Working As A Rojgar Sahayak, Gram Panchayat Kantriprakshpur, Janpad Panchayat, Ambikapur, Distt Surguja, Chhattisgarh

22. Indradev Rajwade S/oi Chandrika Prasad Rajwade Aged About 35 Years Working As A Rojgar Sahayak, Gram Panchayat Jagdishpur, Janpad Panchayat, Ambikapur, Distt Surguja,, Chhattisgarh

23. Dharmend Singh S/o Shri Ratan Singh Aged About 35 Years Working As A Rojgar Sahayak, Gram Panchayat Rakheli, Janpad Panchayat, Ambikapur, Distt Surguja,, Chhattisgarh

­­­­ Petitioners Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Developmet, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt Raipur, Chhattisgarh

2. Collector­Cum­District Programme Coordinator Distt Surguja, Chhattisgarh

3. Zila Panchayat Sarguja, Through Its Chief Executive Officer, Distt Surguja, Chhattisgarh

4. Janpad Panchayat Ambikapur, Through Its Chief Executive Officer, Distt Surguja, Chhattisgarh

5. Union Of India Through The Secretary, Department Of Rural Development, Shastri Bhawan, New Delhi.

­­­­ Respondents WPS No. 2647 of 2014

1. Ram Naresh Yadav S/o Dev Prasad Aged About 32 Years Presently Working As A Rojgar Sahayak, Gram Panchayat Dondhakesra Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

2. Sabal Singh S/o Baldeo Singh Aged About 35 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Gorta, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

3. Kashi Singh S/o Shri Jagdish Ram Aged About 36 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Irgawa, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

4. Smt. Manisha W/o Ind Prasad Aged About 34 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Bandha, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

5. Moinuddin S/o Qamruddin Aged About 37 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Bailarika Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

6. Anil Kumar Singh S/olate Jagat Ram Singh Aged About 37 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Beldagi, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

7. Amarjeet Rajwade S/o Rajeshwar Aged About 32 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Bagdhari, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

8. Motelal S/o Ratiram Aged About 30 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Nimha, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

9. Shyam Bihari Yadav S/o Shri Ramsharan Yadav Aged About 37 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Karai Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

10. Baljeet Singh S/o Jaikaran Ram Aged About 39 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Korja, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

11. Chandan Singh Baikra S/o Bhagat Singh Aged About 30 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Sirkotanga, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

12. Akrit Ram S/o Shri Ramvriksh Aged About 30 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Kushu, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

13. Smt. Jyoti Das Manikpuri W/o Girijadas Aged About 31 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Kevri Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

14. Smt. Devendra Kumar W/o Shiv Kumar Aged About 39 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Kewra Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

15. Sukhlaram S/o Maniram Aged About 35 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Katkona, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

16. Puniya Minj W/o Jhansai Minj Aged About 38 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Manja, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

17. Chain Singh S/o Shri Ghuran Ram Aged About 31 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Mukundpur, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

18. Prakash Ram Yadav Vishwanath Yadav Aged About 31 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Binkara, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

19. Smt. Surajmani Kerketta W/o Govind Kumar Aged About 38 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Singitana, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

20. Vishnu Ram S/o Shri Madho Ram Aged About 37 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Lipingi, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

21. Ku. Beshwati D/o Daniram Aged About 22 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Podhi, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

22. Chandarram S/o Late Chatar Sai Aged About 30 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Pothka, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

23. Dev Prasad Rajwade S/o Kallu Rajwade Aged About 31 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Puhputra, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

24. Shyamlal Yadav S/o Shri Deep Narayan Yadav Aged About 32 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Puta, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

25. Ami Kujur S/o Ramlal Aged About 28 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Pratappur Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

26. Vishram Sagar Singh S/o Basant Ram Aged About 29 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Rajpurikala, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

27. Dawar Sai S/o Shri Laluram Aged About 36 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Sakariya, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

28. Sukh Sai S/o Shri Kishun Singh Aged About 35 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Salka Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

29. Mukesh Singh S/o Alak Singh Aged About 34 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Umrouli, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

30. Janki Ram S/o Shiv Bhagat Aged About 45 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Chando, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

31. Ku. Chandra Kiran D/o Umeshwar Singh Aged About 28 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Taraju Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

32. Ram Singh S/o Dadu Ram Aged About 44 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Jaipur Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

33. Baldeo Singh S/o Jugeshwar Singh Aged About 30 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Jamgawa, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

34. Ku. Aanchal Kushwaha D/o Shiv Prasad Aged About 25 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Jamgala, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

35. Smt. Sunena W/o Sukhdev Aged About 30 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Aamgashi Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

36. Aajuu Kumar S/o Sukhnandan Ram Aged About 35 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Amalbitti, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

37. Ku. Damyanti D/o Shri Chaturbhaju Aged About 28 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Gumgarakala, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

38. Shivnarayan Yadav S/o Harinath Yadav Aged About 35 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Argoti, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

39. Ku. Surita Das D/o Labdan Das Aged About 21 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Lahpatra, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

40. Smt. Uma W/o Devendra Singh Aged About 24 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Kuthiya, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

41. Anil Kumar S/o Devchand Ram Aged About 42 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Latori, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

42. Hiteshwar Singh S/o Kanchan Singh Aged About 25 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Kunni, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

43. Ku. Divya Bharti D/o Gyanchand Singh Aged About 28 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Aandhla, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

44. Raja Ram Tirkey S/o Genda Ram Aged About 28 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Losanga, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

45. Smt. Ambika Lakda W/o Sahagu Tirkey Aged About 35 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Patkura, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

46. Ku. Durgawati Singh D/o Shivnarayan Singh Aged About 28 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Aamdala, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

47. Smt. Uttarawati W/o Makhan Singh Aged About 35 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Ganeshpur, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

48. Ku. Pratima Kerketta D/o Tiffil Kerketta Aged About 30 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Labji Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

49. Milan Singh S/o Sonsai Aged About 24 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Lenga, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

50. Deepak Chouhan S/o Babulal Chauhan Aged About 30 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Tunguri Janpad Panchayat Lakhanpur, Distt. Surguja , Chhattisgarh

51. Ku. Sandhya Bhaskar D/o Radhelal Bhaskar Aged About 23 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Parsodikala Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

52. Om Prakash Singh S/o Bhagwan Das Aged About 37 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Getra, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

53. Smt. Pushpa Singh W/o Vijay Singh Aged About 38 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Losangi, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

54. Vishwanath S/o Dakal Ram Aged About 28 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Aamera, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

55. Ramcharan Sarthi S/o Late Chaituram Aged About 27 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Kuwarpur, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

56. Krishna Kumar Bhanskar S/o Shri Radhelal Bhanskar Aged About 38 Years Presently Working As A Rojgar Sahayak, Gram Panchay At Turna, Janpad Panchayat Lakhanpur, Distt. Surguja, Chhattisgarh

­­­­ Petitioners Versus

1. State Of Chhattisgarh S/o Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi ­ Bhawan New Raipur Distt. Raipur, Chhattisgarh

2. Colleector Cum District Programme Coordinator, Surguja, Ambikapur, Distt. Surguja, Chhattisgarh

3. Zila Panchayat, Sarguja Through Its Chief Executive Officer, Distt. Surguja, Chhattisgarh

4. Janpad Panchayat Lakhanpur Throuhg Its Chief Executive Officer, Janpad Panchayat, Lakhanpur, Distt. Surguja, Chhattisgarh

5. Union Of India Through The Secretary, Department Of Rural Development, Shastri Bhawan, New Delhi

­­­­ Respondents

For Petitioners :­ Mr. A.N. Pandey, Mr. Jitendra Shrivastava, Mr. Harish Khuntiya, Mr. Animesh Verma, Mr. Aniket Verma, Mr. Ajeet Kumar Yadav and Ms. Diksha Gouraha, Advocates

For respondents No. 3 and 4 in WPS No. 2647/2014 :­

Mr. Prasun Kumar Bhaduri, Advocate

For Zila Panchayat, Jashpur in all other writ petitions except WPS No. 2647/2014:­ Mr. Rahul Tamaskar, Advocate

For State :­ Mr. Sunil Otwani, Addl. A.G.

Hon'ble Shri Justice Sanjay K. Agrawal C.A.V. Order

1. Since common question of law and fact is

involved in this batch of writ petitions,

therefore they have been heard together and are

being decided by this common order.

2. Petitioners were appointed on contract basis on

the post of Gram Rozgar Sahayak under the Scheme

under Mahatma Gandhi National Rural Employment

Guarantee Act, 2005 (in short 'MNREGA'). They

have called in question the advertisement dated

08/01/2014 (Annexure P/1) issued by Zila

Panchayat, Jashpur inviting applications for the

post of Rozgar Sahayak including the posts

already held by the petitioners on contract

basis for a period of one year in all the writ

petitions except in WPS Nos. 2615/2014 and

2647/2014. In these two writ petitions, the

petitioners have challenged the legality and

validity of memo dated 19/05/2014 (Annexure P/1

in those writ petitions) issued by the

Collector­cum­Programming Co­ordinate, Surguja

by which it has been directed to the Chief

Executive Officer, Janpad Panchayat, Lakhanpur­

Surguja for recruitment of Rozgar Sahayak on

contract basis under MNREGA Scheme. As such, in

sum and substance, the new/fresh recruitment on

the post of Rozgar Sahayak sought to be made by

Zila Panchayat, Jashpur and Janpad Panchayat,

Lakhanpur­Surguja has been called in question.

Since detailed return has been filed in WPS No.

472/2014, it is taken as the lead case.

3. The case of the petitioners is that they are

working on the post of Gram Rozgar Sahayak for

the year running from 2006­2007 on contractual

basis and there is no complaint against the

conduct of the petitioners but without any

intimation to them, they have been sought to be

replaced by other contractual employees which is

totally impermissible in law in line with the

decision rendered by the Supreme Court in the

matter of Hargurpratap Singh v. State of

Punjab1, therefore, the advertisement dated

08/01/2014 (Annexure P/1) is liable to be set

aside in this batch of writ petitions and in WPS

Nos. 2615/2014 and 2647/2014, memo dated

19/05/2014 (Annexure P/1) is liable to be set

aside.

4. Return has been filed mainly by the respondent

Zila Panchayat, Jashpur stating inter alia that

petitioners were appointed on contractual basis

as Rozgar Sahayaks under the MNREGA scheme

issued on 14/12/2007 (Annexure R/1) and

thereafter, as per memo dated 14/09/2012 it was

informed that the Accountant General has raised

audit objection with respect to extension of

service tenure of Rozgar Sahayaks beyond the

period of one year which is contrary to the

Circular dated 14/12/2007 and further according

to the instruction issued by the Commissioner,

1 2007 (13) SCC 292

Rojgar Guarantee, Raipur the appointment of

Rozgar Sahayak should be for a period of one

year starting from 1st January and ending on 31st

December and for the next year roster should be

prepared and finally on 28/07/2011, the

Commissioner, Rojgar Guarantee, Raipur has

issued a Circular that extension of tenure of

service should not be granted to the Rozgar

Sahayaks already working and fresh applications

should be invited in which roster should be

prepared and followed, but this Circular has not

been called in question by the petitioners,

therefore, the writ petitions be dismissed.

Similar returns have also been filed in WPS Nos.

2615/2014 and 2647/2014.

5. Mr. A.N. Pandey, Mr. Jitendra Shrivastava, Mr.

Harish Khuntiya, Mr. Animesh Verma, Mr. Aniket

Verma, Mr. Ajeet Kumar Yadav and Ms. Diksha

Gouraha, learned counsel appearing for the

petitioners, would submit that the action of

Zila Panchayat, Jashpur inviting fresh

applications for replacing the present

petitioners/contractual employees with other

contractual employees is totally

unconstitutional and bad in law in view of the

decisions rendered by the Supreme Court in the

matters of Hargurpratap Singh (supra) and Dr.

A.K. Jain and others v. Union of India and

others2. They would also submit that petitioners

are continuously working for more than five

years and there is no allegation of misconduct

against them and there is no reason for

replacing them with other contractual employees,

as such, the impugned advertisement deserves to

be quashed.

6. Mr. Sunil Otwani, learned Additional Advocate

General, would submit that the impugned

advertisement has been issued strictly in

accordance with law as per the Circulars issued

by the State Government and the principle that

contractual employees should not be replaced

with other contractual employees would not be

applicable to the present case as there is no

regular sanctioned post of Rozgar Sahayak,

therefore, the principle of law laid down in

Hargurpratap Singh (supra) would not be

applicable.

7. Mr. Prasun Kumar Bhaduri, learned counsel

appearing for respondents No. 3 and 4 in WPS No.

2647/2014 and Mr. Rahul Tamaskar, learned

counsel appearing for Zila Panchayat, Jahspur,

2 (1987) Supp. SCC 497

in all the other writ petitions, would submit

that the principle laid down by the Supreme

Court in Hargurpratap Singh (supra) would not be

applicable in the instant case as there is no

permanent post of Rozgar Sahayak and as per

Circular dated 14/12/2007 issued under the

MNREGA scheme, Rozgar Sahayaks are appointed for

a period of one year, which has not been called

in question by the petitioners, and

consequently, vide Annexure R/2 serious

objection has been raised by the competent

authority that the Circular dated 14/12/2007 is

not being followed by the concerned Zila

Panchayat and the tenure of contractual

employees is being extended which is contrary to

law and further vide letter dated 28/11/2007,

the State Government has clearly directed the

Collectors of all the Districts not to extend

the tenure of Rozgar Sahayak appointed on

contractual basis and fresh applications be

invited and roster for the purpose of rotation

be followed. They would further submit that the

Punjab and Haryana High Court in the matter of

Joginder Singh v. Union of India3 has clearly

held that replacement of contractual employee

3 2015 SCC Online P&H 9348

with another contractual employee would not be

applicable in the case where no permanent post

exists, as such, the instant writ petitions

deserve to be dismissed.

8. I have heard learned counsel for the parties,

considered their rival submissions made herein­

above and went through the records with utmost

circumspection.

9. The Parliament enacted National Rural Employment

Guarantee Act, 2005 with an object to enhance

livelihood security in rural areas by providing

at least 100 days of guaranteed wage employment

in a financial year to every household whose

adult members volunteer to do unskilled manual

work. Subsequently the nomenclature was changed

with effect from 02/10/2009 as Mahatma Gandhi

National Rural Employment Guarantee Act, 2005

(in short 'MNREGA, 2005').

10. The Central Government through the Ministry of

Rural Development issued an operational

guideline vide Clause 3.1.1 which provides for

appointment of Gram Rozgar Sahayak (Village

Employment Assistant) for implementation of the

scheme. It states as under :­

"3.1.1 Gram Rozgar Sahayak :­ The implementation of NREGA involves considerable organizational responsibilities at the level of the Gram Panchayat. To ensure that these are effectively discharged by the Gram Panchayat, the appointment of an 'Employment Guarantee Assistant', in each Gram Panchayat is suggested. The 'Employment Guarantee Assistant' could be called 'Gram Rozgar Sahayak', or an equivalent term in the local language. The functions of the Gram Rozgar Sahayak are given in Annexure A4. The function of Gram Rozgar Sahayak (GRS) and the Panchayat Secretary should be clearly distinguished. GRS is a dedicated staff under NREGA. The cost of GRS is the first charge on the administrative expenses under NREGA. To start with, there should be one GRS in each Gram Panchayat. Annual review of the performance of GRS should be undertaken by the Programme Officers and District Coordinators and follow up action taken accordingly."

11. The responsibilities of Gram Rozgar Sahayak have

also been provided under the aforesaid guideline

which state as under :­

"a. Overseeing the process of registration, distribution of job cards, provision of dated receipts against job applications, allocation of work to applicants etc.;

b. Ensuring that the requisite Gram Sabha meetings and social audit are held; c. Recording attendance of labour every day either himself/herself or through the mate in the prescribed Muster rolls at worksite;

d. Ensuring that Group mark outs are given at work site for every labour group so as to ensure minimum wages every day; e. Attending all review meeting called upon by Programme Officer;

f. Ensuring that all Mates attend worksites on time and take roll calls/attendance in prescribed muster roll at worksite only;

g. Ensuring worksite facilities at all worksites by engaging a person for Aaya services wherever required and by arranging a first aid box and shade at work site;

h. Updating the job cards regularly; i. Maintaining all MGNREGS­related registers at the Gram Panchayat level, including prescribed accounts, and ensuring that these documents are conveniently available for public scrutiny."

12. The Development Commissioner issued a detailed

guideline on 14/12/2007 filed as Annexure R/1

and in accordance with those guidelines, the

petitioners were appointed as Gram Rozgar

Sahayak on contract basis for a period one year

by respondent Zila Panchayat, Jashpur under the

MNREGA scheme noticed herein­above. However,

their appointment was extended from time to time

and continued till filing of the writ petitions.

In the meantime, the impugned Advertisement

dated 08/01/2014 (Annexure P/1) was published

calling in fresh applications for the posts of

Gram Rozgar Sahayak and memo dated 19/05/2014

(Annexure P/1) has been issued by the Collector

in WPS Nos. 2615/2014 and 2647/2014.

13. It is the case of the petitioners that they will

be replaced by another set of contractual Gram

Rozgar Sahayaks and they have filed these writ

petitions seeking quashment of the impugned

Advertisement dated 08/01/2014 (Annexure P/1)

and memo dated 19/05/2014 (Annexure P/1 in WPS

Nos. 2615/2014 and 2647/2014) on the said ground

that they cannot be replaced by other set of

contractual employees stating that appointment

of the petitioners have been made by following

the due process and one contractual employee

cannot be replaced by another contractual

employee as laid down by the Supreme Court in

Hargurpratap Singh (supra). In the said

judgment, their Lordships have held as under :­

"3. We have carefully looked into the judgment of the High Court and other pleadings that have been put forth before this Court. It is clear that though the appellants may not be entitled to regular appointment as such it cannot be said that they will not be entitled to the minimum of the pay scale nor that they should not be continued till regular incumbents are appointed. The course adopted by the High Court is to displace one ad hoc arrangement by another ad hoc arrangement which is not at all appropriate for these persons who have gained experience which will be more beneficial and useful to the colleges concerned rather than to appoint persons afresh on ad hoc basis. Therefore, we set aside the orders made by the High Court to the extent the same deny the claim of the appellants of minimum pay scale and continuation in service till regular

incumbents are appointed. We direct that they shall be continued in service till regular appointments are made on minimum of the pay scale. The appeals shall stand allowed in part accordingly."

14. It is the case of the State Government that

appointment of petitioners earlier made was not

on regular sanctioned post but purely on a

contractual post available under the MNREGA

scheme vide guideline dated 14/12/2007 (Annexure

R/1) and as per the said scheme, the appointment

on the post of Gram Rozgar Sahayak is purely

contractual for only one year starting from 1st

January and ending on 31st December of every

year. The memo dated 14/12/2007 states as

under :­

ववककस आययक ककयकरलय ररजगकर गकररटट यरजनक पकरष ववककस भवन, वसववल लकइन रकयपयर, छतटसगढ़ कमकरक 7500/वव ­3/ NREGA /26/2007 रकयपयर ददनकरक 14/12/07 पवत,

1. समसत कललकटर, छतटसगढ़ |

2. समसत मयखय ककयरपकलन अवधककरट वजलक परचकयत, (छतटसगढ़) ववषय :­ रकषटय गकमटण ररजगकर गकररटट यरजनकनतगरत ररजगकर सहकयकक कक वनययवक कल समभनध मम | //0// रकषटय गकमटण ररजगकर गकररटट यरजनकरतगरत गकम परचकयत सतर पर ररजगकर सहकयकक कक वनययवक कक जक रहट हह ततसरबरध मम वनमकनयसकर ददशक वनदरशक कक पकलन दकयक जकवल :­

1. पतयलक गकम परचकयत मम एक गकम ररजगकर सहकयक कक वनययवक दकयक जकवम |

2. वनययवक एक वषर कल वलए हरगट एवर पपणरतत असथकई हरगट तथक यह 01 जनवरट सल 31 ददसमबर तक कल वलए हरगट |

3. ­ 12. XXX XXX XXX

13. वजन ररजगकर सहकयकक कक सलवक एक वषर पपणर हर चयकक हह, उनकक सलवक वववद न करतल हए पयनत आवलदन पत आमरवतत कर पपवर आरकण ररसटर अनयसकर हट ररजगकर सहकयकक कक वनययवक कक जकवल |

15. It is the case of respondent Zila Panchayat,

Jashpur that after the audit objection dated

14/09/2012 (Annexure R/2), fresh Advertisement

has been issued for the appointment of Gram

Rozgar Sahayak. It has also been stated that

vide notification dated 28/11/2017, the

Development Commissioner under the Rozgar

Guarantee Yojana has directed not to extend the

service tenure of Gram Rozgar Sahayaks who have

already completed one year of service and to

make fresh appointment on the post of Gram

Rozgar Sahayak following the reservation on

rotation basis and therefore, fresh

advertisement (Annexure P/1) has been issued. It

is further stand of the respondent Zila

Panchayat, Jashpur that a contractual employee

cannot claim an indefeasible right to continue

on a post sine die and when the nature of the

post itself is not regular/sanctioned, the

petitioners cannot claim to continue on such

post.

16. From the aforesaid, it is quite vivid that in

accordance with the MNREGA scheme, detailed

guidelines have been issued by Circular dated

14/12/2007 (Annexure R/1) for appointment of

Gram Rozgar Sahayak under which the petitioners

were appointed, but thereafter, the audit

objection was raised by Accountant General

specifically objecting that the Scheme, 2007 is

not being followed and tenure of one year of

Rozgar Sahayak is being extended which is

contrary to the Scheme itself which was taken

cognizance of on 14/09/2012. The audit objection

by Accountant General dated 17/07/2012 /

06/08/2012 has been convened by the State

Government to all the Collectors by memo dated

14/09/2012 (Annexure R/2) seeking rectification.

Paragraph 5 of memo dated 14/09/2012 (Annexure

R/2) states as under :­

"5. कर वडकक क. 13.12 ­ अरकलकण दल दकरक यरजनकरतगरत गकम ररजगकर सहकयकक कक वनययवकत मम आययक, ररजगकर गकररटट यरजनक दकरक जकरट आदलश ददसरबर 2007 कक पकलन न करतल हए गकम ररजगकर सहकयकक कक सलवक अववध बढ़कई जक रहट हह | आवडट कर वडकक कल सरबरध मम जकनककरट रकजय ककयकरलय कर उपलबध करकवम |"

17. The Commissioner in view of the above­stated

passed order dated 28/11/2007 directing all the

Collectors not to extend the tenure of the

existing Gram Rozgar Sahayaks and to invite

fresh applications and make appointment on the

said post by following reservation rules on

rotation basis. The memo dated 28/11/2007 issued

by the Commissioner, Rozgar Guarantee Yojana

states as under :­

ववककस आययक ककयकरलय (ररजगकर गकररटट पकरष) ववककस भवन, वसववल लकइन छतटसगढ़ ,रकयपयर कमकरक /7177/वव ­3/NREGA/26/07 रकयपयर, ददनकरक 28/11/2007 पवत, कललकटर वजलक समसत (दयगर कर छरड़कर) छतटसगढ़ ववषय :­ रकषटय गकररटट यरजनकनतगरत गकम परचकयत मम ररजगकर सहकयक कल वनययवक कल सरबरध मम | //0// रकषटय गकमटण ररजगकर गकररटट यरजनकरतगरत जट ररजगकर सहकयकक कक सलवक अववध एक वषर पपणर हर चयकक हह | उनकक सलवक वववद न करतल हए पयनत आवलदन पकत आमरवतत कर ररजगकर सहकयकक कक वनययवक दकयक जकवम | वनययवक मम वनयमकनयसकर आरकण कक पकलन करतल हए ररटलशन आधकर पर कम सल वनययवक दकयक जकनक सयवनवशत दकयक जकवम | यह वनययवक एक वषर कल वलए हरगट | उपररक पदकयक पतयलक वषर सलवक अववध समकप हरनल कल पपवर पपणर दकयक जकए तकदक यरजनक कल दकयकनवयन मम दकसट पककर कक कठठनकई उतपन न हर |

( पट. सट. वमशक ) आययक ररजगकर गकररटट यरजनक ववककस आययक ककयकरलय रकययपर, ददनकरक 28/11/07

Thus, in accordance with the aforesaid memo,

fresh advertisement (Annexure P/1) has been

issued inviting applications for the post of

Gram Rozgar Sahayak on contractual basis.

18. From the aforesaid narration of facts, it is

quite clear that the post of Gram Rozgar Sahayak

is not a regular sanctioned post, but it is a

purely temporary and contractual post and the

tenure of a Gram Rozgar Sahayak, once appointed,

is for one year as per the Scheme which has been

floated in accordance with the Circular dated

14/12/2007 (Annexure R/1) issued by the State

Government. As such, it is not a case where

awaiting the regular appointment on regular

sanctioned post, the contractual employees are

being replaced by other contractual employees.

In that view of the matter, the principle of law

laid down by the Supreme Court in Hargurpratap

Singh (supra) referred by the petitioner is

clearly distinguishable as the post of Gram

Rozgar Sahayak is not a regular sanctioned post

rather it is a purely temporary and contractual

post and looking to the requirement of work as

per the Scheme, the appointments are made and

since earlier petitioners' appointment was made

on the post of Gram Rozgar Sahayak but as their

service tenure have been extended even after

completion of one year, the Accountant General

raised an audit objection pursuant to which the

Commissioner has issued the direction on

28/11/2007 (Annexure R/3) for fresh appointment

every year following the rules of reservation.

It is pertinent to mention here that the scheme

of the State Government dated 14/12/2007

(Annexure R/1) and the order of the Commissioner

dated 28/11/2007 (Annexure R/3) directing for

fresh appointment on the post of Gram Rozgar

Sahayak every year following the rules of

reservation have not been questioned by the

petitioners in these writ petitions except the

advertisement dated 08/01/2014 (Annexure P/1) in

all the writ petitions and in WPS Nos. 2615/2014

and 2647/2014 memo dated 19/05/2014 (Annexure

P/1), as such, the scheme dated 14/12/2007

(Annexure R/1) and memo dated 28/11/2007

(Annexure R/3) have become final in absence of

challenge to them in this batch of writ

petitions.

19. In the matter of State of Gujarat v. P.J.

Kampavat4 where the appointment was purely on

contractual and temporary basis for a limited

period without conferring any right of

absorption or regularization, the Supreme Court

interfered with the order of the High Court

4 (1992) 3 SCC 226

granting relief to the appointee and held in

paragraphs 10 and 11 as under :­

"10. The High Court has relied upon the said rule to hold that the writ petitioners are covered by clause (b) to the proviso. It has further held that the respondent must be deemed to be holders of temporary posts within the meaning of Rule 9(56) which defines the expression temporary post to mean a post carrying a definite rate of pay sanctioned for a limited time. On the above basis, the High Court has applied Rule 33 which provides the mode of terminating the service of a temporary Government servant. In short, the rule provides for a prior notice, the duration of which depends upon the length of service put in by the temporary Government servant. We are, however, of the opinion that the said rules have no application to the respondents herein and that they cannot be deemed to be temporary Government servants within the meaning of the said rules inasmuch as the terms of their appointment clearly amount to an otherwise provision within the meaning of the non­obstante clause ("except where it is otherwise expressed or implied") with which Rule 2 begins. The order appointing the respondents expressly states not only that their services shall be terminated at any time without giving any notice and without assigning any reason but also that their appointment is for a limited period co­ terminus with the concerned minister's tenure. They were also asked to execute an undertaking in the above terms which they did. It is evident that the terms of their appointment and the undertaking are clearly inconsistent with the said rules and in particular with rule 33. Rule 33 (1)(b) and the term making their tenure co­terminus with their minister cannot go together. Sub­rule (1) of rule 33 of the Bombay Civil Service Rules may be set out at this stage, for the reason that the High Court has rested its case on clause (b) of the said sub­rule.

"33.(1)(a) The service of a temporary government servant shall be liable to termination at any time by a notice in writing given to him by the appointing authority.

(b) Where a temporary government servant has put in service for a period exceeding one year the period of such notice shall be one month and where such government servant has put in service for one year or any period less than one year the period of such notice shall be one week:

Provided that the services of any such government servant may be terminated forthwith by payment to him of a sum equivalent to the amount of his pay plus allowance for the period of the notice due the same rates at which he was drawing pay and allowances immediately before the termination of his service or as the case may be, for the period by which such notice falls short of the notice period."

11. For the reasons given above, we are of the opinion that the appointment of the respondents was a pure and simple contractual appointment and that such appointment does not attract and is outside the purview of the Bombay Civil Service Rules, 1959. Since the tenure of the ministers at whose instance and on whose recommendation they were appointed has come to an end with December 10, 1989 their service also came to an end simultaneously. No order of termination as such was necessary for putting an end to their service, much less a prior notice. They ought to go out in the manner they have come in. "

20. Similarly in the matter of Director, Institute

of Manangement Development, U.P. v. Pushpa

Srivastava (Smt)5, their Lordships of the

5 (1992) 4 SCC 33

Supreme Court referred to the order of

appointment of the respondent in paragraph 18

and concluded in paragraph 19 as under :­

"19. The following are clear from the above order :

(i) The respondent was appointed on a contractual basis.

(ii) The post was to carry a consolidated pay of Rs 2400 per month.

(iii) The duration of appointment was six months from the date of the respondent joining charge.

(iv) It is purely on ad hoc basis.

(v) It is terminable without any notice." In that view of the matter, their Lordships held

that respondent's appointment was purely ad­hoc

and on contractual basis for a limited period,

therefore by expiry of period of six months her

right to remain on the post comes to an end.

21. Likewise, in the matter of Delhi Development

Horticulture Employees' Union v. Delhi

Administration, Delhi and Others6, with respect

to the employment scheme under Jawahar Rozgar

Yojna, their Lordships of Supreme Court held as

under :­

"22. The above figures show that if the resources used for the Jawahar Rozgar Yojna were in their entirety to be used for providing full employment throughout the year, they would have given employment only to a small percentage of the population in

6 (1992) 4 SCC 99

need of income, the remaining vast majority being left with no income whatsoever. No fault could, therefore, be found with the limited object of the scheme given the limited resources at the disposal of the State. Those employed under the scheme, therefore, could not ask for more than what the scheme intended to give them. To get an employment under such scheme and to claim on the basis of the said employment, a right to regularisation, is to frustrate the scheme itself. No court can be a party to such exercise. It is wrong to approach. the problems of those employed under such schemes with a view to providing them with full employment and guaranteeing equal pay for equal work. These concepts, in the context of such schemes are both unwarranted and misplaced. They will do more harm than good by depriving the many of the little income that they may get to keep them from starvation. They would benefit a few at the cost of the many starving poor for whom the schemes are meant. That would also force the state to wind up the existing schemes and forbid them from introducing the new ones, for want of resources. This is not to say that the problems of the unemployed deserve no consideration or sympathy. This is only to emphasise that even among the unemployed a distinction exists between those who live below and above the poverty line, those in need of partial and those in need of full employment, the educated and uneducated, the rural and urban unemployed etc."

22. In the matter of Hindustan Education Society and

Another v. SK. Kaleem SK. Gulam Nabi and Others 7

again a similar view has been taken by their

Lordships of the Supreme Court after considering

the terms and conditions of appointment in

paragraph 3 of the judgment.

7 (1997) 5 SCC 152

23. Finally in the matter of Joginder Singh (supra),

the Punjab and Haryana High Court has

categorically held as under :­

"In the case in hand, the posts in question are contractual in nature and as per the Scheme, are required to be filled up only on contractual basis. This part of the Scheme is not under challenge by the petitioners. That being so, posts, which are contractual in nature, would necessarily be filled up through employees, to be appointed on contract. The judgments cited by the counsel for the petitioners pertain to posts, which are regular in nature, wherein directions have been issued not to replace employees appointed on contract basis by another set of contractual employees till regular appointments are made. In view of the facts of the case in hand, this situation could not arise herein."

24. The order passed by Punjab and Haryana High Court

in Joginder Singh (supra) was challenged in LPA

No. 1205/2015 which was dismissed on 18/08/2015

affirming the order passed in the writ petition.

25. Reverting to the facts of the present case

in light of the aforesaid pronouncements of the

Supreme Court and Punjab and Haryana High Court,

it is quite vivid that admittedly the post of

Gram Rozgar Sahayak is a purely temporary and

contractual post and it is not a regular

sanctioned post and as per the Scheme, it has to

be filled up on contractual basis for a period

of one year as per the scheme dated 14/12/2007

(Annexure R/1) and as per the order of the

competent authority dated 28/11/2007 (Annexure

R/3), therefore the principle of law laid down

in Hargurpratap Singh (supra) that one set of

contractual employees cannot be replaced by

another set of contractual employees would not

be applicable to the facts of the present case.

Moreover, the Scheme under which the impugned

advertisement dated 08/01/2014 (Annexure P/1)

and memo dated 19/05/2014 (Annexure P/1) have

been issued as well as the scheme dated

14/12/2007 (Annexure R/1) and the order of the

Commissioner dated 28/11/2007 (Annexure R/3)

clearly directing appointment of Gram Rozgar

Sahayak to be made for one year has not been

challenged by the petitioners in any of these

writ petitions and they have become final. That

being the clear position and appointment on the

posts of Gram Rozgar Sahayak being contractual

in nature on temporary post, it has to be filled

up afresh after completion of one year. In that

view of the matter, I do not find any merit in

this batch of writ petitions calling in question

the impugned advertisement dated

08/01/2014(Annexure P/1) inviting fresh

applications for the post of Gram Rozgar Sahayak

for one year and memo dated 19/05/2014 (Annexure

P/1) in WPS Nos. 2615/2014 and 2647/2014 issued

by the Collector directing the Chief Executive

Officer, Janpad Panchayat, Lakhanpur­Surguja for

fresh recruitment on the post of Rozgar Sahayak

on contractual basis.

26. Accordingly, all the writ petitions deserve to

be and are accordingly dismissed. No cost(s).

Sd/­ (Sanjay K. Agrawal) Judge

Harneet

 
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