Chattisgarh High Court
Harishankar Kashyap And Ors vs State Of Chhattisgarh And Ors on 9 May, 2025
Author: Rajani Dubey
Bench: Rajani Dubey
1
2025:CGHC:21735
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Order reserved on : 12-02-2025
Order passed on : 09-05-2025
WPS No. 2331 of 2015
1 - Yadunandan Parchey S/o Late Shri Sadan Lal Parchey Aged About
42 Years R/o Sindhi Colony, Kasturba Nagar, Sharda Temple, Bilaspur
P.S. Civil Line, Civil And Revenue District Bilaspur Chhattisgarh,
2 - Roma Kanta Palaka S/o Shri Laxman Palaka Aged About 36 Years
R/o Sanichari Balmiki Chowk Bilaspur P.S. City Kotwali, Civil And
Revenue District Bilaspur Chhattisgarh
3 - Rajkumar Palaka S/o Late Shri Laxman Palaka Aged About 34
Years R/o Sanichari Balmiki Chowk Bilaspur P.S. City Kotwali, Civil And
Revenue District Bilaspur Chhattisgarh
4 - Jagdish Sindhu Mukhi S/o Shri Ramesh Mukhi Aged About 30
Years R/o Sanichari Balmiki Chowk Bilaspur P.S. City Kotwali, Civil And
Revenue District Bilaspur Chhattisgarh
5 - Sunil Singh S/o Late Laxman Singh Aged About 35 Years R/o
Ashok Nagar Jorapara, P.S. Sarkanda, Civil And Revenue District
Bilaspur Chhattisgarh.
2
6 - Uttam Kumar Chhadi S/o Late Shri Gariba Chhadi Aged About 30
Years R/o Devridih Old Power, P.S. Torva, Civil And Revenue District
Bilaspur Chhattisgarh
7 - Jitendra Muger S/o Late Shri Laxman Muger Aged About 35 Years
R/o Sarkanda Behind Muktidham P.S. Sarkanda Civil And Revenue
District Bilaspur Chhattisgarh
--- Petitioners
versus
1 - State Of Chhattisgarh Through The Secretary Department Of
Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya
Raipur, District Raipur Chhattisgarh
2 - The Director Medical Education Chhattisgarh Old Nurses Hostel
D.K.S. Bhawan Compound Raipur District Raipur Chhattisgarh
3 - The Collector Bilaspur, District Bilaspur Chhattisgarh
4 - The Dean Chhattisgarh Institute Of Medical Science Bilaspur,
District Bilaspur Chhattisgarh
--- Respondents
1 - Jhumuk Lal Bhoi S/o Faguram Bhoi Aged About 43 Years R/o.
Katiyapara Udai Chowk, Police Station-City Kotwali, Civil And Revenue
Distt. Bilaspur Chhattisgarh
2 - Anil Lal Shrivastava S/o Late Shri Ramlal Shrivastava Aged About
38 Years R/o Behind City Kotwali, Telipara, P.S.- City Kotwali, Civil And
Revenue Distt. Bilaspur Chhattisgarh
3 - Sanjay Shriwas S/o Shri Hemlal Shriwas Aged About 35 Years R/o
Gondpara, Bilaspur, P.S.- City Kotwali, Civil And Revenue Distt.
Bilaspur Chhattisgarh
4 - Lata Bai W/o Late Shri Santosh Rajak Aged About 42 Years R/o
Chatapara, P.S.- Civil Line, Civil And Revenue Distt. Bilaspur
Chhattisgarh
5 - Panchuram Kenwat S/o Late Shri Arjun Ram Kenwat Aged About
35 Years R/o Chingrajpara, Seepat Road, Sarkanda, P.S.- Sarkanda,
Civil And Revenue Distt. Bilaspur Chhattisgarh
6 - Shobha Gangapurvar W/o Shekhar Gangapurvar Aged About 52
Years R/o Ashok Nagar, Sarkanda, P.S.- Sarkanda, Civil And Revenue
Distt. Bilaspur Chhattisgarh
---Petitioners
Versus
1 - State Of Chhattisgarh Through The Secretary, Department Of
Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya
Raipur, District Raipur Chhattisgarh
2 - The Director, Medical Education, Chhattisgarh Old Nurses Hostel
D.K.S. Bhawan, Compound- Raipur District Raipur Chhattisgarh,
3 - The Collector Bilaspur District Bilaspur Chhattisgarh
4 - The Dean Chhattisgarh Institute Of Medical Science Bilaspur,
District Bilaspur Chhattisgarh
--- Respondents
1 - Harishankar Kashyap S/o Mohan Lal Kashyap Aged About 33 Years
Presently Posted As O.T. Technician, Posted At- Department Of
Anesthesia, CIMS Hospital, Bilaspur, R/o Near Government Primary
School, Ward No. 3, Lalkhadan, P.S. Torwa, Distt. Bilaspur
Chhattisgarh
2 - Smt. Jayanti Kashyap W/o Santosh Rao Aged About 33 Years
Presently Posted As O.T. Technician, Posted At Department Of
Anesthesia, CIMS Hospital, Bilaspur, R/o Krishna Enclave, Sarkanda,
P.S. Sarkanda, Distt. Bilaspur Chhattisgarh
3 - Smt. Domnik Lakra D/o Christopher Lakra Aged About 40 Years
Presently Posted As- O.T. Technician, Posted At Department Of
Anesthesia, CIMS Hospital, Bilaspur, R/o C/o H. Kujur,village- Mangla,
Post- Mangla, P.S. Civil Line, Distt. Bilaspur Chhattisgarh
4 - Vinish Joy S/o Late K.N. Joy Aged About 39 Years Presently Posted
As O.T. Technician, Posted At Department Of Anesthesia, CIMS
Hospital, Bilaspur, R/o C/o Lokeshwar Singh 27 Kholi, Church Road,
P.S. Civil Line, Distt. Bilaspur Chhattisgarh
5 - Ravindra Kumar Nishad S/o Mantram Nishad Aged About 41 Years
Presently Posted As- O.T. Technician, Posted At- Department Of
Anesthesia, CIMS Hospital, Bilaspur, R/o Bihari Kirana, Ward No. 03,
Nagar Panchayat Sirgitti, P.S. Sirgitti, Bilha, Distt. Bilaspur
Chhattisgarh
---Petitioners
Versus
1 - State Of Chhattisgarh Through- The Secretary, Department Of
Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya
Raipur, Distt. Raipur Chhattisgarh
2 - The Director Medical Education, Chhattisgarh Old Nurses Hospital
DKS Bhawan, Compound, Raipur, Distt. Raipur Chhattisgarh
3 - The Collector Bilaspur, Distt. Bilaspur Chhattisgarh
4 - The Dean, Chhattisgarh Institute Of Medical Science Bilaspur, Distt.
Bilaspur Chhattisgarh
-- Respondents
1 - Nageshwari Sidar W/o Ishwar Singh Aged About 32 Years Presently
Posted As - Nishchetna Technician, Posted At- CIMS Hospital, Bilaspur
R/o Block Colony Simga PS Simga, District Balodabazar- Bhatapara
Chhattisgarh
2 - Aruna Soni W/o Shailndra Soni Aged About 41 Years Presently
Posted As- Nishchetna Techinician, Posted At- CIMS Hospital, Bilaspur
R/o Near SBT Collage Mangla Road, Kurudand Bilaspur, PS Civil Lines
District Bilaspur Chhattisgarh,
---Petitioners
Versus
1 - State Of Chhattisgarh Through The Secretary, Department Of
Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya
Raipur, District Raipur Chhattisgarh.
2 - The Director, Medical Education, Chhattisgarh Old Nurses Hostel
D.K.S. Bhawan, Compound- Raipur District Raipur Chhattisgarh.
3 - The Collector Bilaspur District Bilaspur Chhattisgarh.
4 - The Dean, Chhattisgarh Institute Of Medical Science Bilaspur,
District Bilaspur Chhattisgarh
--- Respondents
1 - Sharda Kaushik S/o Rajendra Kumar Kaushik Aged About 32 Years
Presently Posted As- O.T. Technician, Posted At- Department Of
Anesthesia, CIMS Hospital, Bilaspur R/o Narmada Vihar, Yadunandan
Nagar, Tifra Bilaspur PS Sirgitti District Bilaspur Chhattisgarh
2 - Sulochna Sahu W/o Anil Kumar Sahu Aged About 34 Years
Presently Posted As- O.T. Technician, Posted At- Department Of
Anesthesia, CIMS Hospital, Bilaspur R/o Anand Manglam Bhawan,
Behind Basant Vatika Marriage Hall Surya Vihar Sipat Road Sarkanda
PS Sarkanda District Bilaspur Chhattisgarh
---Petitioners
Versus
1 - State Of Chhattisgarh Through The Secretary, Department Of
Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya
Raipur, District Raipur Chhattisgarh.
2 - The Director, Medical Education, Chhattisgarh Old Nurses Hostel
D.K.S. Bhawan, Compound- Raipur District Raipur Chhattisgarh.
3 - The Collector Bilaspur District Bilaspur Chhattisgarh.
4 - The Dean Chhattisgarh Institute Of Medical Science Bilaspur,
District Bilaspur Chhattisgarh.
--- Respondents
C. K. Sharma (Wrongly Mentioned As Chandra Shekhar Sharma In
Notice Dated 01.06.2015) S/o Shri Rambaran Ram, Aged About 45
Years R/o Devrikhurd, Chandrashekhar Aazad Nagar, Police Station -
Torwa, Civil And Revenue District Bilaspur Chhattisgarh
---Petitioner
Versus
1 - State Of Chhattisgarh Through The Secretary, Department Of
Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya
Raipur, District Raipur Chhattisgarh
2 - The Director, Medical Education, Chhattisgarh Old Nurses Hostel D.
K. S. Bhawan, Compound - Raipur District Raipur Chhattisgarh
3 - The Collector Bilaspur District Bilaspur Chhattisgarh
4 - The Dean Chhattisgarh Institute Of Medical Science Bilaspur
District Bilaspur Chhattisgarh.
--- Respondents
For Petitioners : Mr. Prateek Sharma and Mr. Basant Kaiwartya,
Advocates.
For Respondents : Mr. Ajay Pandey, Govt. Advocate.
Hon'ble Smt. Justice Rajani Dubey, J
C A V Order
Since the issue involved in this batch of writ petitions is the
same, they are being disposed of by this common order.
02. By way of these petitions, the petitioners are challenging the
notice/order dated 1.6.2015 issued by Dean, CIMS, Bilaspur (Annexure
P/1) terminating their services w.e.f. 30.6.2015 as also challenging the
advertisement dated 15.6.2015 (Annexure P/2) issued by Dean, CIMS
inviting applications for contractual appointment on various posts
including the posts from which the petitioners are being terminated.
03. Brief facts of the case necessary for adjudication of these
petitions are that the petitioners were appointed on contractual basis
for a period of one year on the posts of OT Technician, Nischetna
Technician, Sweeper, Ward Boy and Cook in the years 1996, 2001,
2002, 2003, 2005 and 2008. During the course of their contractual
service, the petitioners made representation before the Hon'ble Chief
Minister, State of CG on 7.6.2012 for regularization of their services
and copy of the representation dated 31.7.2012 was submitted before
the Director, Health Education, Chhattisgarh vide Annexure P/4. As the
grievance of the petitioners was not resolved, they went on strike. On
5.4.2011 it was amicably resolved between the petitioners and Dean,
CIMS that as per meeting held on 4.4.2011 in the office of Director,
Medical Education, Raipur, the contractual employees working in CIMS
for more than five years till decision on their regularization is taken, will
be continued and advertisement for regular appointment shall be kept
in abeyance, and if any fresh advertisement is issued, the case of the
petitioners will be considered for granting them benefit, seniority and
age relaxation. Copy of the compromise dated 5.4.2011 signed by the
Dean, CIMS, is filed as Annexure P/5. The respondent/Dean also
issued experience certificates and No Objection Certificate to the
petitioners. However, on 1.6.2016 the respondent/Dean issued the
impugned notice/order terminating the services of the petitioners w.e.f.
30.6.2015 under the provisions of CG Civil Sewa (Samvida Niyukti)
Niyam, 2012 as they have completed the maximum period of five years
and thereafter, issued impugned advertisement inviting applications for
contractual appointment on various posts including the posts from
which the petitioners are being terminated. Hence these petitions.
04. Learned counsel for the petitioners would submit that issuance of
impugned advertisement is unwarranted for the reason that a
contract/temporary employee cannot be replaced by another
contract/temporary employee and the same is against the dictum of the
Hon'ble Supreme Court. It was resolved amicably between the
petitioners and respondent/Dean, CIMS after meeting with Director,
Medical Education, Raipur that services of the contractual employees
working in CIMS for more than five years till decision on their
regularization is taken, will be continued and advertisement for regular
appointment shall be kept in abeyance and if any fresh advertisement
is issued, the case of the petitioners will be considered for granting
them benefit, seniority and age relaxation.
Learned counsel for the petitioners further argued that the
impugned termination notice is illegal as there is no impediment of
maximum limit of five years in the said Contract Rules, 2012. They
further argued that the State of CG, Department of General
Administration, vide letter dated 17.1.2014 categorically stated that
daily wagers/contractual class-III and class-IV employees will get the
benefits of direct recruitment and for this a policy is to be framed but
instead of following this direction, a fresh advertisement is issued for
appointment of contractual employees again. Learned counsel for the
petitioners contend that through notification dated 31.3.2015 an
amendment in the CG Civil Sewa (Samvida Niyukti) Niyam, 2012 has
been issued in sub-rule (3) of Rule 15 which stipulates recording of
Confidential Report/Performance Appraisal Report of contractual
employees which shall be considered for the purpose of extension of
their services or for further appointment on contract basis. The
petitioners' performance has always been excellent or very good but
without following the rules, their services were terminated arbitrarily.
Therefore, the impugned notice and advertisement are liable to be set
aside and the respondent/Dean be directed to allow the petitioners to
perform their duties on their respective posts.
Reliance has been placed on the decisions of the Hon'ble Apex
Court in the matters of Soni Dineshbhai Manilal and others Vs.
Jagjivan Mulchand Chokshi, (2007) 13 SCC 293 and Manish Gupta
and others Vs. President, Jan Bhagidari Samiti and others, (2022)
15 SCC 540.
05. On the other hand, learned counsel for the State would submit
that the impugned notice/order of termination has been issued strictly
in accordance with law and by following the principal of natural justice
as prior to their termination, they were issued one month's notice in
advance. The petitioners have utterly failed to demonstrate any
infirmity or illegality in the impugned notice/order to make out a case
for interference by this Court. The impugned advertisement has been
issued by a competent authority for contractual appointment of OT
Technician, Nischetna Technician, Ward Boy and Sweeper in Trauma
Unit which was recently established in CIMS.
He would next submit that the impugned advertisement has
already been cancelled due to some technical reasons like reservation
etc. and a notice was duly published in this regard in the newspaper
vide Annexure R/1 in WPS No.259/2016. On 3.5.2023 the State
Government took a decision to fill up the vacant posts of Class-III and
IV cadre on permanent basis through CG Professional Examination
Board and pursuant thereto, by letter dated 10.5.2023 of the Director,
Medical Education, Chhattisgarh, all the concerned authorities were
directed to provide vacancies to be filled up in the institutions alongwith
advertisement. Thereafter, the Joint Director and Superintendent,
CIMS, Bilaspur sent a proposal for filling up vacant posts of Class-III
and IV cadre on permanent basis in CIMS along with advertisement to
the Director and sought approval on it. Copy of the letter dated
23.5.2023 with the advertisement and letter dated 10.5.2023 is
collectively filed as Annexure R/2. All these petitions lack any
substance and are thus liable to be dismissed.
Reliance has been placed on the decision in the matter of State
of Maharashtra And others Vs. Anita and another, (2016) 8 SCC
293 and Yogesh Mahajan Vs. Professor RC Deka, Director, All
India Institute of Medical Sciences, (2018) 3 SCC 218.
06. Heard learned counsel for the parties and perused the material
available on record.
07. It is an admitted position in all these petitions that all the
petitioners were working in CIMS, Bilaspur from the year 1996, 2001,
2002, 2003, 2005 and 2008 on the post of OT Technician, Nischetna
Technician, Sweeper, Ward Boy and Cook on contractual basis. The
petitioners have also filed copy of their appointment orders. The terms
and conditions of their appointment orders are as under:
"1 संविदा सेवा में सिर्फ मासिक एकमुश्त राशि वेतन देय होगी। इसके अतिरिक्त
कोई विशेष वेतन महंगाई भत्ता, क्षतिपूर्ति भत्तों गृह भाड़ा भत्ता इत्यादि नहीं दिया
जायेगा तथा संविदा नियुक्ति के अधीन वार्षिक वंतनवृद्धि की पात्रता नहीं होगी।
2 सीधी भर्ती से संविदा पर नियुक्ति कर्मचारी को प्रत्येक के लेण्डर वर्ष में 18 दिनों
का आकस्मिक अवकाश तथा 03 दिनांक का ऐच्छिक अवकाश की पात्रता होगी। 1
वर्ष के मध्य में नियुक्ति होने अथवा सेवामुक्त होने पर आकस्मिक अवकाश की
पात्रता की गणना में अपूर्ण दिवस को आगामी पूर्ण दिवस से पूर्णकित किया जायेगा
विश्रामावकाश विभागों के के लेण्डर वर्ष का तात्पर्य 12 माह की वास्तविक सेवा से
लगया जायेगा।
3 संविदा नियुक्त व्यक्ति को जिस पद पर नियुक्ति दी गई है उस पद के समकक्ष
शासकीय सेवकों के समान यात्रा भत्ते की पात्रता होगी।
4 संविदा पर नियुक्त व्यक्ति छ०ग० सिविल सेवा (आचरण) नियम 1965 से
शासित होंगे।
5 नियुक्ति के दौरान दोनों पक्षों में से किसी एक पक्ष द्वारा एक माह की पूर्व सूचना
या इसके एवज में एक मात्र का वेतन देकर नियुक्ति समाप्त की जा सके गी।
6. संविदा पर नियुक्त व्यक्ति को सेवा समाप्ति पश्चात् संविदा नियुक्ति शासकीय
सेवा के रूप में जितनी अवधि तक सेवा दी गई है उस अवधि के लिए किसी भी
प्रकार के पेंशन उपादन या मृत्यु लाम आदि पात्रता नहीं होगी।
7. संविदा पर नियुक्त कर्मचारी का गोपनीय प्रतिफल किया जाएगा ताकि यदि
आगामी वर्ष हेतु पुनः संविदा नियुक्ति जानी हो तो इसके आधार पर कार्य का
मुल्यांकन हो सकें ।
8 संविदा नियुक्त कर्मचारियों की अपने परिवार के सामाजिक सुरक्षा के लिए संविदा
राशि का कम से कम 6 प्रतिशत राशि जीवन बीमा पेशन योजना अथवा पी. पी.
एफ. में जमा करनी होगी. कि कर्मचारी द्वारा किस योजना का वरण किया गया।
9 संविदा नियुक्ति उल्लेखित संस्था के लिए की गई है संविदा अवधि बढ़ाई जाने की
स्थिति में इस पदस्थापना में कोई परिवर्तन नहीं किया जावेगा।
10 ससंविदा नियुक्त कर्मचारी को संविदा की सम्पर्ण अवधि। पदस्थापना के
मुख्यालय पर निवास करना अनिवार्य है अन्यथा कण्डिका ikap के अनुसार एक माह
की सूचना देकर संविदा नियुक्ति समाप्त की जाएगी।
11 संविदा नियुक्त अधिकारी/कर्मचारी का अधिष्ठता छत्तीसगढ़ आयुर्विज्ञान संस्थान
(सिम्स) बिलासुपर के मार्ग दर्शन में कार्य करना होगा और शासकीय कार्यक्रमों के
कियान्वयन में सहयोग करना होगा।
12 यदि इन नियमों के निर्वचन के संबंध में कोई प्रश्न उद्धृत हो तो उस पर
राज्यपाल का निर्णय अंतिम होगा।"
08. The Hon'ble Supreme Court in the matter of Anita and another
(supra) held in paras 15 & 16 of its judgment as under:
"15. The above terms of the agreement further reiterate the
stand of the State that the appointments were purely contractual
and that the respondents shall not be entitled to claim any right
or interest of permanent service in the Government. The
appointments of the respondents were made initially for eleven
months but were renewed twice and after serving the maximum
contractual period, the services of the respondents came to an
end and the Government initiated a fresh process of selection.
The conditions of the respondents' engagement are governed by
the terms of agreement. After having accepted the contractual
appointment, the respondents are estopped from challenging the
terms of their appointment. Furthermore, the respondents are not
precluded from applying for the said posts afresh subject to the
satisfaction of other eligibility criteria.
16. The High Court did not keep in view the various clauses in
the Government Resolutions dated 21-8-2006 and 15-9-2006
and also the terms of the agreement entered into by the
respondents with the Government. Creation of posts was only for
administrative purposes for sanction of the amount towards
expenditure incurred but merely because the posts were created,
they cannot be held to be permanent in nature. When the
Government has taken a policy decision to fill up 471 posts of
Legal Advisors, Law Officers and Law Instructors on contractual
basis, the Tribunal and the High Court ought not to have
interfered with the policy decision to hold that the appointments
are permanent in nature."
09. In the matter of Yogesh Mahajan (supra) the Hon'ble Apex
Court held in paras 6 & 7of its judgment as under:
"6. It is settled law that no contract employee has a right to
have his or her contract renewed from time to time. That being
so, we are in agreement with the Central Administrative Tribunal
and the High Court that the petitioner was unable to show any
statutory or other right to have his contract extended beyond 30-
6-2010. At best, the petitioner could claim that the authorities
concerned should consider extending his contract. We find that
in fact due consideration was given to this and in spite of a
favourable recommendation having been made, the All India
Institute of Medical Sciences did not find it appropriate or
necessary to continue with his services on a contractual basis.
We do not find any arbitrariness in the view taken by the
authorities concerned and therefore reject this contention of the
petitioner.
7. We are also in agreement with the view expressed by the
Central Administrative Tribunal and the High Court that the
petitioner is not entitled to the benefit of the decision of this Court
in Umadevi (3)¹. There is nothing on record to indicate that the
appointment of the petitioner on a contractual basis or on an ad
hoc basis was made in accordance with any regular procedure
or by following the necessary rules. That being so, no right
accrues in favour of the petitioner for regularisation of his
services. The decision in Umadevi (3)1 does not advance the
case of the petitioner."
10. In the present case also it is not in dispute that all the petitioners
were appointed on contractual basis for a limited period and as per the
respondents, prior to termination of their services they were given one
month's notice in advance. The petitioners have also sought relief of
quashment of the impugned advertisement dated 15.6.2015. However,
as per Return filed by the respondents, the impugned advertisement
has already been cancelled due to some technical reason like
reservation etc. and a notice in this regard was duly published in the
newspaper (Annexure R/1 in WPS No.259/2016). On 3.5.2023 the
State Government took a decision to fill up the vacant posts of Class-III
and IV cadre on permanent basis through CG Professional
Examination Board. Thus, looking the aforesaid guidelines of the
Hon'ble Supreme Court, the nature of appointment of the petitioners
and the terms and conditions of their appointment order, this Court is of
the opinion that the petitioners having got no accrued right to continue
on their respective posts, are not entitled for any relief as claimed. All
these writ petitions sans merits and are liable to be dismissed.
11. In the result, the writ petitions being without any substance are
hereby dismissed. No order as to cost.
Sd/
(Rajani Dubey)
MOHD by
Judge
MOHD
AKHTAR KHAN
AKHTAR Date:
2025.05.09
KHAN 16:53:46
+0530
Khan
