Chattisgarh High Court
Gourishankar Bhagat vs State Of Chhattisgarh on 15 July, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 4384 of 2019
Shivendra Pratap Singh S/o Shri Alakhram Aged About 28 Years, Ex -
Technical Assistant (Contract), R/o Village and Post Umeshpur, Police
Station Premnagar, Janpad Panchayat Premnagar, District Surajpur
Chhattisgarh.
---- Petitioner
Versus
1. State of Chhattisgarh Through Secretary, Panchayat and Rural
Department, Mantralay, Mahanadi Bhawan, Atal Nagar, Naya Raipur
Chhattisgarh.
2. Collector Surajpur, District Surajpur Chhattisgarh.
3. Chief Executive Officer, Zila Panchayat, Surajpur, District Surajpur
Chhattisgarh.
4. Chief Executive Officer, Zila Panchayat, Surguja, District Surguja
Chhattisgarh.
5. Chief Executive Officer, Janapad Panchayat Pratappur, District Surajpur
Chhattisgarh.
6. Commissioner, Mahatma Gandhi National Rural Employment Guarantee
Council ( MGNREGA), Atal Nagar, Naya Raipur, Chhattisgarh.
---- Respondent
WPS No. 4387 of 2019
Satish Sharma S/o Late Shri Surendra Sharma Aged About 32 Years, Ex -
Assistant Project Officer ( Contract ), R/o DMQ- 10, Gurudwara Road,
Vishrampur, Tahsil Surajpur, Police Station Vishrampur, District Surajpur
Chhattisgarh.
---- Petitioner
Versus
1. State of Chhattisgarh Through Secretary, Panchayat And Rural
Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur
Chhattisgarh.
2. Commissioner, Mahatma Gandhi National Rural Employment Guarantee
Council ( MGNREGA) Atar Nagar, Naya Raipur, Chhattisgarh.
3. Collector Surajpur, District Surajpur Chhattisgarh.
4. Chief Executive Officer, Zila Panchaya, Surajpur, District Surajpur
Chhattisgarh.
---- Respondent
WPS No. 4398 of 2019
Vijay Kumar Tigga S/o Late Shri Rasdor Tigga, Aged About 56 Years, Ex -
Technical Assistant (Contract), R/o Village and Post and Police Station
and Janpad Panchayat Kunkuri, District Jashpur Chhattisgarh.
---- Petitioner
Versus
1. State of Chhattisgarh Through Secretary, Panchayat And Rural
Department, Mantralay, Mahanadi Bhawan, Atal Nagar, Naya Raipur
Chhattisgarh.
2. Commissioner, Mahatma Gandhi National Rural Employment Guarantee
Council (MGNREGA) Atal Nagar, Naya Raipur, Chhattisgarh.
3. Collector Jashpur, District Jashpur Chhattisgarh.
4. Chief Executive Officer, Zila Panchayat Jashpur, District Jashpur
Chhattisgarh.
5. Chief Executive Officer, Janapad Panchayat Kunkuri, District Jashpur
Chhattisgarh.
---- Respondents
WPS No. 4509 of 2019
Gourishankar Bhagat S/o Shri Sukhram Bhagat Aged About 34 Years Ex-
Technical Assistant (Contract), R/o Village and Post Umeshpur, Police
Station Farsabahar , District Jashpur Chhattisgarh.
---- Petitioner
Versus
1. State of Chhattisgarh Through Secretary, Panchayat And Rural
Department, Mantralay, Mahanadi Bhawan, Atal Nagar Naya Raipur
Chhattisgarh.
2. Collector Jashpur, District Jashpur Chhattisgarh.
3. Chief Executive Officer Zila Panchayat, Jashpur, District Jashpur
Chhattisgarh.
4. Chief Executive Officer Janpad Panchayat Kunkuri, District Jashpur
Chhattisgarh.
5. Commissioner Mahatma Gandhi National Rural Employment Guarantee
Council (MNREGA), Atal Nagar, Naya Raipur, Chhattisgarh.
---- Respondents
WPS No. 4515 of 2019
Vinod Kumar Sai S/o Shri Govind Kumar Sai, Aged About 55 Years Ex-
Technical Assistant (Contract), R/o Village and Post Karsai, P.S.
Farsabahar, Janpad Panchayat Manora, District- Jashpur, Chhattisgarh.,
---- Petitioner
Versus
1. State of Chhattisgarh Through Secretary, Panchayat And Rural
Department, Mantralay, Mahanadi Bhawan, Atal Nagar, Naya Raipur,
Chhattisgarh.
2. Collector Jashpur, District- Jashpur, Chhattisgarh.
3. Chief Executive Officer Zila Panchayat, Jashpur, District- Jashpur,
Chhattisgarh.
4. Chief Executive Officer Janapad Panchayat Manora, District- Jashpur,
Chhattisgarh.
5. Commissioner Mahatma Gandhi National Rural Employment Guarantee
Council (MGNREGA), Atal Nagar, Naya Raipur, Chhattisgarh.
---- Respondents
WPS No. 4605 of 2019
Smt. Rashmi Rani Tirkey W/o Shri Hansraj Kujur, Aged About 29 Years
Ex Accountant (Contract) Janpad Panchayat Pratappur, District Surajpur
Chhattisgarh R/o Funderdihari, Ambikapur, District Surguja Chhattisgarh.
---- Petitioner
Versus
1. State of Chhattisgarh Through Secretary, Panchayat And Rural
Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur
Chhattisgarh.
2. Collector Surajpur, District Surajpur Chhattisgarh.
3. Chief Executive Officer Zila Panchayat, Surajpur, District Surajpur
Chhattisgarh.
4. Chief Executive Officer Janpad Panchayat, Pratappur, District Surajpur
Chhattisgarh.
5. Commissioner Mahatma Gandhi National Rural Employment Guarantee
Council (MGNREGA) Atal Nagar, Naya Raipur Chhattisgarh.
---- Respondents
WPS No. 4672 of 2019
Vishnu Sahu S/o Shri Phulsai Sahu Aged About 28 Years Ex - Technical
Assistant ( Contract ), R/o Village Salhe, Tahsil Sarangarh, District
Raigarh Chhattisgarh.
---- Petitioner
Versus
1. State of Chhattisgarh Through Secretary, Panchayat And Rural
Depoartment, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur
Chhattisgarh.
2. Collector Raigarh, District Raigarh Chhattisgarh.
3. Chief Executive Officer, Zila Panchayat, Raigarh, District Raigarh
Chhattisgarh.
4. Chief Executive Officer, Janapad Panchayat Baramkela, District Raigarh
Chhattisgarh.
5. Commissioner, Mahatma Gandhi National Rural Employment Guarantee
Council ( MGNREGA), Atal Nagar, Naya Raipur Chhattisgarh.
---- Respondents
WPS No. 4699 of 2019
Sahdeo Singh S/o Shri Bundram Kanwar Aged About 40 Years Ex -
Technical Assistant (Contract), R/o Village Bahera, Jarwe, District Janjgir
Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh
---- Petitioner
Versus
1. State of Chhattisgarh Through Secretary, Panchayat And Rural
Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur
Chhattisgarh.
2. Collector Raigarh, District Raigarh Chhattisgarh.
3. Chief Executive Officer Zila Panchayat, Raigarh, District Raigarh
Chhattisgarh.
4. Chief Executive Officer Janpad Panchayat Gharghora, District Raigarh
Chhattisgarh.
5. Commissioner Mahatma Gandhi National Rural Employment Guarantee
Council (MGNREGA), Atal Nagar, Naya Raipur, Chhattisgarh.,
---- Respondents
WPS No. 4701 of 2019
Harchhat Kumar Sidar S/o Shri Harishchand Sidar, Aged About 49 Years
Ex - Technical Assistant ( Contract ) R/o Village Beladula, Kharraghat,
Ward No. 21, Chakradhar Nagar, Raigarh, District Raigarh Chhattisgarh.,
District : Raigarh, Chhattisgarh
---- Petitioner
Versus
1. State of Chhattisgarh Through Secretary, Panchayat And Rural
Department, Mantralay, Mahanadi Bhawan, Atal Nagar, Naya Raipur
Chhattisgarh.
2. Collector Raigarh, District Raigarh Chhattisgarh.
3. Chief Executive Officer, Zila Panchayat, Raigarh, District Raigarh.
4. Chief Executive Officer, Janapad Panchayat Sarangarh, District Raigarh
Chhattisgarh.
5. Commissioner, Mahatma Gandhi National Rural Employment Guarantee
Council ( MGNREGA) Atal Nagar, Naya Raipur, Chhattisgarh.
---- Respondents
WPS No. 6052 of 2019
Suresh Kumar Lahare S/o Shri Kartikram Lahare Aged About 32 Years Ex
Technical Assistant (Contract), R/o Village Chhote Sipat, Janpad
Panchayat/block Malkharoda, District Janjgir Champa, Chhattisgarh.
---- Petitioner
Versus
1. State of Chhattisgarh Through Secretary, Panchayat And Rural
Department, Mantralay, Mahanadi Bhawan, Atal Nagar, Naya Raipur,
Chhattisgarh.
2. Collector Janjgir Champa, Chhattisgarh,
3. Chief Executive Officer Zila Panchayat, Janjgir Champa, Chhattisgarh,
4. Chief Executive Officer Janapad Panchayat Malkharoda, District Janjgir
Champa, Chhattisgarh
5. Commissioner Mahatma Gandhi National Rural Employment Guarantee
Council (MGNREGA), Atal Nagar, Naya Raipur, Chhattisgarh.
---- Respondents
WPS No. 6300 of 2018
Satish Kumar Paikara S/o Shri Dayaram Paikra, Aged About 40 Years,
R/o Near Sanjay Maidan, Rambhatta Raigarh, Police Station- Raigarh,
District- Raigarh, Chhattisgarh.
---- Petitioner
Versus
1. State of Chhattisgarh Through The Secretary, Department of Panchayat
and Rural Development, Mahanadi Bhawan, New Raipur, Chhattisgarh.,
District : Raipur, Chhattisgarh
2. The Commissioner Mahatma Gandhi National Rural Employment
Guarantee Scheme, Raipur, Chhattisgarh.
3. The Collector -Cum District- Coordinator (MNREGA) Raigarh,
Chhattisgarh.
4. The Chief Executive Officer Jila Panchayat Raigarh, Chhattisgarh.
---- Respondents
WPS No. 6849 of 2019
Raman Ram Bhagat S/o - Shri Sifer Sai, Aged About 47 Years, Ex-
Technical Assistant (Contact), Janpad Panchayat Wadrafnagar, District
Balrampur Chhattisgarh, R/o - Village Bamlaya Post Office Deogarh,
Police Station and Tahsil Sitapur, District Balrampur-Ramanujganj
Chhattisgarh,
---- Petitioner
Versus
1. State of Chhattisgarh Through Secretary, Panchayat And Rural
Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur
District Raipur Chhattisgarh,
2. Collector Balrampur Chhattisgarh, District Balrampur Chhattisgarh,
3. Chief Executive Officer, Zila Panchayat Chhattisgarh, District Balrampur-
Ramanujganj Chhattisgarh,
4. Chief Executive Officer, Janpad Panchayat Wadrafnagar Chhattisgarh
District Balrampur-Ramanujganj Chhattisgarh,
---- Respondents
WPS No. 6886 of 2019
Jeetesh Keshri S/o Shri Shyamlal Keshri, Aged About 25 Years, Ex-
Technical Assistant (Contract), Janpad Panchayat Ramchandrapur,
District Balrampur Chhattisgarh R/o Masjid Road, Ramanujganj, District
Balrampur-Ramanujganj Chhattisgarh,
---- Petitioner
Versus
1. State of Chhattisgarh Through The Secretary, Department of Panchayat
And Rural Development, Mantralaya, Mahanandi Bhawan, Atal Nagar,
Naya Raipur District Raipur Chhattisgarh,
2. Collector Balrampur, District Balrampur-Ramanujganj Chhattisgarh.
3. Chief Executive Officer, Zila Panchayat, Balrampur, District Balrampur-
Ramanujganj Chhattisgarh,
4. Chief Executive Officer Janpad Panchayat Ramchandrapur, District
Balrampur-Ramanujganj Chhattisgarh
---- Respondents
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For the Petitioners : Mr. Brajendra Singh, Advocate on
behalf of Ms. Meena Shastri,
Advocate
For Respondents : Mr. Sandeep Dubey and Mr. Ravish
Verma, Advocates
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Hon'ble Shri Justice Narendra Kumar Vyas
Order on Board
15.07.2022
1. Since the issues involved in the aforesaid writ petitions are identical;
therefore, they are heard anologous and are being disposed of by this
common order.
2. The petitioners have assailed the impugned order dated 03.04.2019
(Annexure P/1) and order dated 22.12.2018 (Annexure P/2), by which
the appeal preferred by the petitoner have been rejected by the
Secretary, Panchayat and Rural Department on the pretext that the
representation has been made for extention of contractual appointment
not for with regard to grant of appointment on the contractual
appointment and the appeal has already been decided by the
Commissioner, Mahatma Gandhi National Rural Employment Guarantee
Council (MGNREGA), therefore, the appeals of the petitoners have been
rejected.
3. Counsel for the petitioners would submit that the appeals has been filed
before the Commissioner, Mahatma Gandhi National Rural Employment
Guarantee Council, regarding their non-continuation on the contractual
appointment on the basis of adverse ACR which has not communicated
to the petitoner, therefore, the impunged order are passed without
having any authority and it is liable to be set aside.
4. Learned Dy. Advocate General and Mr. Verma would submit that the
petitioners were appointed in persuance order dated 23.12.2013 i.e. for
three years which has already been expired. They would further submit
that since their contractural appointment has already been come to an
end which has not been extended on the count of allegation and adverse
ACR against the petitoners, the contracutal appointment have not been
extended which is paramter consideration.
5. Considering the facts and circumstances of the case and further
considerating the fact that in view of the various judgments passed by
the Hon'ble Supreme Court in which the manner and procedure of
communication of ACR has been provided, has not been complied with,
therefore, non-communication of ACR has lost its significance. Since the
contracutal period has already expired, therefore, the adverse ACR,
which has foundation for non-extention of contracutal appointment has
lost its significance. In future if the petitioners apply for contractual
appointment, then adverse ACR which has not been commnuicated to
them, will not come in their way for reconsideration of the contratual
appointment or any appoitment made by the State or its
agencies/instrumentalities.
6. With this observation, all the writ petitions are disposed of.
Sd/-
(Narendra Kumar Vyas)
JUDGE
Santosh
