Chattisgarh High Court
Hol Say vs State Of Chhattisgarh on 9 September, 2015
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 3981 of 2012
1. Rameshwar Prasad Rajwar S/o Rajlal Aged About 26 Years Sweeper,
Primary School Hardiwapara, Arjunpur, Block Ramanujnagar, District
Surajpur C.G.
2. Raj Kumari W/o Jagdish Prasad Teli Aged About 30 Years Sweeper,
Primary School Kharripara Manja, Block Ramanujnagar, Distt. Surajpur
C.G.
3. Nand Lal S/o Dular Say Bargah Aged About 30 Years Sweeper,
Primary School Cherhapara Manja, Block Nagar Distt. Surajpur C.G.
4. Krishna Kumar Yadav S/o Darmu Ram Yadav Aged About 20 Years
Sweeper, Tribal Welfare Middle School Pampapur, Block & Tahsil
Ramanujnagar, District Surajpur C.G. Chool Cherhapara Manja, Block
Nagar Distt. Surajpur C.G.
5. Mahajan S/o Mohan Ram Aged About 24 Years Sweeper, Primary
School Bhadarapra, Pampapur, School & Tahsil Ramanujnagar,
District Surajpur C.G.
6. Mulchand Chakradhari S/o Munnalal Chakradhari Prajapati Aged
About 21 Years Aa. Ja. Ka. Primary School Barpali (Barhol), Block &
Tahsil Ramanujnagar, District Surajpur C.G
7. Bhagwan Das S/o Kusum Ram Panika Aged About 21 Years Sweeper,
Primary School Chitkahipara, Kot, Block & Tashil Ramanujnagar, Distt.
Surajpur C.G.
8. Samay Lal S/o Pawan Say Rajwar Aged About 35 Years Sweeper,
Middle School Tiwaragudi, Block, & Tahsil Ramanujnagar, Distt.
Surajpur C.G.
9. Kisun Ram Sahu S/o Lt. Subaran Ram Aged About 30 Years Sweeper,
Middle School Tiwaragudi, Block & Tahsil Ramanujnagar, Distt.
Surajpur C.G.
10. Ashok Puri S/o Ramayan Puri Aged About 36 Years Sweeper, Primary
School Harfidori (Umapur) Block & Tashil Ramanujnagar, Distt.
Surajpur C.G.
11. Hem Singh S/o Sajjan Singh Aged About 19 Years Sweeper, Primary
School Pandopara Tiwragudi, Block & Tahsil Ramanujnagar, Idstt.
Surajpur C.G.
12. Indradev Sahu S/o Pulchand Aged About 20 Years Sweeper, Boys
Middle School Umapur, Block & Tahsil Ramanujnagar, Distt. Surajpur
C.G.
13. Son Say S/o Rameshar Singh Aged About 35 Years Sweeper, Primary
School Chhaprapara Tiwragudi, Block & Tahsil Ramanujnagar, Distt.
Surajpur C.G.
14. Bageshwar Ram S/o Jagat Ram Gond Aged About 31 Years Sweeper,
Primary School Block & Tahsil Ramanujnagar, Bewrapara, Tiwragudi,
District Surajpur (C.G.)
15. Tipan Singh S/o Bhupendra Singh Aged About 20 Years Sweeper,
Primary School Khutrapara Tiwragudi,block & Tahsil Ramanujnagar,
District Surajpur (C.G.)
16. Lala Ram S/o Ramkishun Aged About 26 Years Sweeper, Primary
School Mahuwapara, Tiwragudi, Block & Tahsil Ramanujnagar, District
Surajpur (C.G.)
17. Somar Say S/o Heeralal Aged About 30 Years Sweeper, Primary
School Marhaburha (Arjunpur), Block & Tahsil Ramanujnagar, District
Surajpur C.G.
18. Bhola Prasad S/o Ram Vilash Aged About 22 Years Sweeper, Primary
School Pandopara, Narayanpur, Block & Tahsil Ramanujnagar, Distt.
Surajpur C.G.
19. Amresh Kumar S/o Niranjan Prasad Koir Aged About 20 Years
Sweeper, Primary School Kulhariyapara, Bhuneshwarpur, Block &
Tahsil Ramanujnagar, Distt. Surajpur C.G.
20. Paras Nath S/o Nanka Ram Koir Aged About 23 Years Sweeper,
Primary School Narmadapara, Bhuneshwarpur, Block & Tahsil
Ramanujnagar, Distt. Surajpur C.G.
21. Surendra Pratap Singh S/o Mahipal Singh Aged About 20 Years
Sweeper, Primary School Imlipara, Telsara, Block & Tahsil
Ramanujnagar, Distt. Surajpur C.G.
22. Renu Sahu S/o Mohar Ram Sahu Aged About 25 Years Sweeper,
Primary School Pandripani, Umapur, Block & Tahsil Ramanujnagar,
Distt. Surajpur C.G.
23. Bhanupratap S/o Muldhar Prasad Aged About 28 Years Sweeper,
Tribal Welfare Girls Middle School Umapur, Block & Tahsil
Ramanujnagar, District Surajpur C.G.
24. Krishna Kumar Yadav S/o Dharni Ram Yadav Aged About 24 Years
Sweeper, Primary School Majhapara, Narayanpur, Block & Tahsil
Ramanujnagar, Distt. Surajpur C.G.
25. Rameshwar Prasad S/o Kripal Ram Aged About 35 Years Sweeper
Middle School Narmadapara, Bhuneshwar, Block, & Tahsil
Ramanujnagar, Distt. Surajpur C.G.
26. Rameshwar Singh Sumar Say Aged About 26 Years Sweeper, Primary
School Sahupara, Madneshwarpur, Block & Tahsil Ramanujnagar
Distt. Surajpur C.G.
27. Nandkeshwar S/o Ransay Aged About 25 Years Primary School
Sarnapara, Tiwragudi, Block & Tahsil Ramanujnagar, Distt. Surajpur
C.G.
28. Jaishankar Prasad S/o Baljeet Ram Aged About 27 Years Sweeper,
Primary School Gurhipara, Surerpur, Block & Tahsil Ramanujnagar,
Distt. Surajpur C.G.
29. Brijmohan Sahu S/o Mani Ram Sahu Aged About 20 Years Sweeper,
Primary School Parsapara, Manja Block & Tahsil Ramanujnagar, Distt.
Surajpur Cg.
30. Rajesh Kumar Sahu S/o Ramcharan Sahu Aged About 25 Years
Sweeper, Middle School Telaimuda, Block & Tahsil Ramanujnagar,
Distt. Surajpur C.G.
31. Madan Singh S/o Budhram Singh Aged About 26 Years Sweeper,
Primary School Sarastal, Block & Tahsil Ramanujnagar, Distt. Surajpur
C.G.
32. Sandhya Rajwade S/o Bhuneshwar Prasad Rajwade Aged About 28
Years Sweeper, Middle School Cherhapara, Manja, Block & Tahsil
Ramanujnagar Distt. Surajpur C.G.
33. Surenda Kumar Singh S/o Ramavtar Aged About 24 Years Sweeper,
Middle School Sarastal, Block & Tahsil Ramanujnagar, Distt. Surajpur
C.G.
34. Sohan Das S/o Vishwanath Das Aged About 33 Years Sweeper,
Middle School Madhavpur, Block & Tahsil Ramanujnagar, Distt.
Surajpur C.G.
35. Parasan Singh S/o Kailash Ram Singh Aged About 27 Years Sweeper,
Primary School Chorkipani, Tiwragudi, Block & Tahsil Ramanujnagar,
Distt. Surajpur C.G.
36. Bhanu Pratap Singh S/o Chlittar Gond Aged About 30 Years Sweeper,
Primary School Madhavpur, Block & Tahsil Ramanujnagar, District
Surajpur C.G.
37. Satyanarayan S/o Dhiran Ram Gond Aged About 26 Years Sweeper,
Primary School Chhaparpara, Patrapali, Block & Tahsil Ramanujnagar,
Distt. Surajpur C.G.
38. Ama Singh S/o Akalu Aged About 20 Years Sweeper, Primary School
Khalpara, Patrapali Block & Tahsil Ramanujnagar, District Surajpur
(C.G.)
39. Kavalbhag Singh S/o Assi Singh Gond Aged About 23 Years Sweeper,
Middle School Pivri, Chhindpara, Post Tiwragudi,block & Tahsil
Ramanujnagar, District Surajpur (C.G.)
40. Vijay Kumar Singh S/o Ramnarayan Singh Aged About 22 Years
Sweeper, Primary School Chhindpara, Pivri, Block & Tahsil
Ramanujnagar, District Surajpur (C.G.)
41. Maheshwari D/o Nehru Lal Rajwar Aged About 27 Years Sweeper,
Primary School Khutanpara, Pivri, Block & Tahsil Ramanujnagar,
District Surajpur (C.G.)
42. Jaishri Prasad S/o Amrit Ram Gond Aged About 22 Years Sweeper,
Primary School Harijanpara, Parsurampur, Block & Tahsil
Ramanujnagar, District Surajpur (C.G.)
43. Baljeet Ram S/o Ghasiram Gond Aged About 25 Years Sweeper,
Primary School Netapara, Parsurampur, Block & Tahsil
Ramanujnagar, District Surajpur (C.G.)
44. Shahid Alam S/o Shabbir Ali Aged About 20 Years Sweeper, Primary
School Tripureshwarpur, Block & Tahsil Ramanujnagar, District
Surajpur (C.G.)
45. Yogendra Pratap Singh S/o Laxman Singh Gond Aged About 28 Years
Sweeper, Middle School Pampangar, Block & Tahsil Ramanujnagar,
District Surajpur (C.G.)
46. Manoj Kumar S/o Mohan Singh Aged About 20 Years Sweeper, Middle
School Akshaypur, Block & Tahsil Ramanujnagar, District Surajpur
(C.G.)
47. Panmeshwar Singh S/o Mohan Singh Aged About 23 Years Sweeper,
Primary School Chivrabahara, Akshaypur, Block & Tahsil
Ramanujnagar, District Surajpur (C.G.)
48. Adal Singh S/o Anand Ram Gond Aged About 28 Years Sweeper,
Primary School Ghutrapara, Pampanagar, Block & Tahsil
Ramanujnagar, District Surajpur (C.G.)
49. Abhinandan Singh S/o Jindal Singh Aged About 22 Years Sweeper,
Primary School Khuthanpara, Dwarikapur, Block & Tahsil
Ramanujnagar, District Surajpur (C.G.)
50. Dinesh Singh S/o Bodhan Singh Aged About 21 Years Tribal Welfare
Deptt. Primary School Keshavpur, Block & Tahsil Ramanujnagar,
District Surajpur C.G.
51. Sumanlata D/o Chhatar Singh Aged About 22 Years Sweeper, Tribal
Welfare Primary School Gokulpur, Block & Tahsil Ramanujnagar,
District Surajpur (C.G.)
52. Shiv Prasad Singh S/o Vifal Ram Aged About 28 Years Sweeper,
Govt. Primary School Uraopara, Block & Tahsil Ramanujnagar, District
Surajpur (C.G.)
53. Puranjan Ram S/o Kashiram Aged About 26 Years Sweeper, Govt.
Middle School, Chitkahipara, Kot, Block & Tahsil Ramanujnagar, Distt.
Surajpur C.G.
54. Raju Prasad Sonwani S/o Nandu Ram Aged About 23 Years Sweeper,
Primary School Piparpara, Sonpur, Block & Tahsil Ramanujnagar,
District Surajpur (C.G.)
55. Neelkanth S/o Amol Say Aged About 20 Years Sweeper, Middle
School Pivari Block & Tahsil Ramanujnagar, District Surajpur (C.G.)
56. Kunti D/o Vijay Aged About 25 Years Sweeper, Middle School
Keshavpur, Block & Tahsil Ramanujnagar, District Surajpur (C.G.)
57. Kamal W/o Pitambar Aged About 25 Years Sweeper, Middle School
Keshavpur, Block & Tahsil Ramanujnagar, District Surajpur (C.G.)
58. Mohammad Irfan S/o S. Mohammad Aged About 28 Years Sweeper,
Primary School Kokripara, Devnagar, Block & Tahsil Ramanujnagar,
Distt. Surajpur C.G.
59. Ram Prakash Sahu S/o Manik Chand Aged About 30 Years Sweeper,
Middle School Kalyanpur, Block & Tahsil Ramanujnagar, Distt.
Surajpur C.G.
60. Shyamlal S/o Devnath Aged About 22 Years Sweeper, Primary School
Rajwaripara, Block & Tahsil Ramanujnagar, District Surajpur (C.G.)
61. Shiv Prasad S/o Manju Ram Aged About 22 Years Sweeper, Primary
School Uraonpara, Block & Tahsil Ramanujnagar, District Surajpur
(C.G.)
62. Sohan Singh S/o Shivmangal Singh Aged About 20 Years Sweeper,
Primary School Chitkahipara, Surta, Block & Tahsil Ramanujnagar,
District Surajpur (C.G.)
63. Harinandan Singh S/o Ram Gond Aged About 21 Years Sweeper,
Primary School Koshawarbal (Mohanpur), Block & Tahsil
Ramanujnagar, District Surajpur (C.G.)
64. Rameshwar Singh S/o Ram Lal Aged About 19 Years Sweeper,
Primary School Chhatapaa, Surta, Block & Tahsil Ramanujnagar,
District Surajpur (C.G.)
65. Bhuwneshwar Singh S/o Somar Say Aged About 25 Years Sweeper,
Middle School Chhatapara, Surta, Block & Tahsil Ramanujnagar,
District Surajpur (C.G.)
66. Shri Pal Singh S/o Bandhan Ram Aged About 20 Years Sweeper,
Pimary School Pandopara, Mohanpur, Block & Tahsil Ramanujnagar,
District Surajpur (C.G.)
67. Dileshwar Yadav S/o Jay Kumar Yadav Aged About 22 Years
Sweeper, School Ahirpara, Patrapali, Block & Tahsil Ramanujnagar,
District Surajpur (C.G.)
68. Sant Lal Yadav S/o Bhola Ram Aged About 27 Years Sweeper,
Bargahpara, Telaimuda, Block & Tahsil Ramanujnagar, District
Surajpur (C.G.)
69. Rampyare Rajwar S/o Samay Lal Aged About 27 Years Sweeper,
Pandri Post Tejpur, Block & Tahsil Ramanujnagar, District Surajpur
(C.G.)
70. Nikesh Kumar S/o Bhaiyalal Aged About 27 Years Sweeper, Middle
School Govindpur, Block & Tahsil Ramanujnagar, District Surajpur
(C.G.)
71. Khel Singh S/o Sohan Singh Aged About 27 Years Sweeper, Primary
School Junapa, Sankul Kendra Tivragudi, Block & Tahsil
Ramanujnagar, District Surajpur (C.G.)
72. Baldev Singh S/o Sadharan Singh Aged About 30 Years Sweeper,
Primary School Terimahuwa,bakirma, Post Premnagar, Block & Tahsil
Ramanujnagar, District Surajpur (C.G.)
73. Shushila Sahu D/o Ram Lal Sahu Aged About 22 Years Sweeper,
Primary School Goutiyapara (Dauna), Block & Tahsil Ramanujnagar,
District Surajpur (C.G.)
74. Angira Devi W/o Kawal Say Aged About 24 Years Sweeper, Primary
School Bharuhapara, Dauna, Block & Tahsil Ramanujnagar, District
Surajpur (C.G.)
75. Rajuram S/o Ramprasad Aged About 24 Years Sweeper, Primary
School Harijanpara, Block & Tahsil Ramanujnagar, District Surajpur
(C.G.)
76. Sharda Gupta W/o Ramnaresh Gupta Aged About 26 Years Sweeper,
Primary School Katelpara (Dauna), Post Patrapali, Block & Tahsil
Ramanujnagar, District Surajpur (C.G.)
---- Petitioners
Versus
1. State Of Chhattisgarh Through The Secretary, Tribal Welfare
Department, D.K.S. Bhawan, Mantralaya Raipur C.G.
2. The Commissioner Scheduled Caste & Scheduled Tribe Development,
Raipur C.G.
3. The Collector (Tribal Development), Distt. Surajpur C.G.
4. The Assitant Commissioner Tribal Development, Surajpur Distt.
Surajur C.G.
5. The Block Education Officer Ramanujnagar, Distt. Surajpur C.G.
---- Respondents
And WPS No. 4391 Of 2013
1. Santlal S/o Balgarram (Caste Chamar) Aged About 25 Years R/o Village Panchwati, Post Madanpur, Ps & Tah Ramanujnagar, Civil & Revenue Distt Surajpur, Cg
2. Smt. Rayeshwari, W/o Mathura Ram Aged About 24 Years Caste Kumhar, Sweeper, R/o Village Panchwati, Post Madanpur, Ps & Tah Ramanujnagar, Civil & Revenue Distt Surajpur, Cg
3. Shivbhajan Singh S/o Chandrashekhar Gond Aged About 30 Years Sweeper, R/o Village Panchwati, Post Madanpur, Ps & Tah Ramanujnagar, Civil & Revenue Distt Surajpur, Cg
---- Petitioners Vs
1. State Of Chhattisgarh Through The Secretary, Tribal Welfare Department, Dks Bhawan, Mantralaya, Raipur, Distt Raipur, Cg
4. The Commissioner Scheduled Caste & Scheduled Tribe Development, Raipur, Distt Raipur, Cg
5. The Collector (Tribal Development), Distt Surajpur, Cg
6. The Assistant Commissioner Tribal Development, Surajpur, Distt Surajpur, Cg
7. The Block Education Officer Ramanujnagar, Distt Surajpur, Cg
---- Respondents And WPS No. 3670 Of 2012
1. Dashrath Ram S/o Prahlad Rajwade Aged About 28 Years Vill. Gonda, Post Chandramedha, Distt. Surajpur
2. Smt. Sumitra Vill. Durti (Dhodhipara), Distt. Surajpur C.G.
3. Rampratap Singh S/o Hira Lal Singh Aged About 26 Years Vill. Durti (Khuthanpra), Surajpur C.G.
4. Dhansai Rajwade S/o Sukhsagar Aged About 28 Years Vill. Kenwara, Surajpur C.G.
5. Santosh S/o Babu Lal Aged About 26 Years Vill. Parwatipur (Ubkapara), Surajpur C.G.
6. Krishna Prasad S/o Sampat Ram Aged About 19 Years Vill. Kenwara, Distt. Surajpur C.G.
7. Virendra Kumar S/o Surendra Kumar Aged About 21 Years Vill. Kenwra, Surajpur C.G.
8. Chandradev Rajwade S/o Rambahadur Aged About 21 Years Vill. Kenwara, Distt. Surajpur C.G.
9. Bhikham Ram S/o Nanku Ram Aged About 19 Years Vill. Kenwara (Charpara), Distt. Surajpur C.G.
10. Dinesh Kumar Rajwade S/o Phulsai Aged About 19 Years Vill. Kenwara, Distt. Surajpur C.G.
11. Smt. Asha D/o Bechan Ram Aged About 25 Years Vill. Vasudevpur (Dawankara), Surajpur C.G.
12. Manmohan S/o Chhatdhari Vill. Dawankara (Darripara) Surajpur C.G.
13. Ku. Kaleshwari Toppo S/o Butu Ram Toppo Vill. Parwatipur, Surajpur C.G.
14. Ashutosh S/o Janevedhari Vill. Kenwara, Distt. Surajpur C.G.
15. Haripal Paikra S/o Raja Ram Vill. Dawankara (Darripara) Surajpur C.G.
16. Deepak Kumar Paikra S/o Mohar Sai Semrakala, Surajpur C.G.
17. Santosh Kumar S/o Bali Ram Sauntar (Semrakala), Surajpur C.G.
18. Samfraj S/o Rahru Sauntar, Distt. Surajpur C.G.
19. Raghunath Singh S/o Dhansu Ram Khairadih, Surajpur C.G.
20. Ambikeshwar Singh S/o Ganesh Ram Vill. & Post Khadganwakala Tah. Pratappur, Surajpur C.G.
---- Petitioners Vs
1. State Of Chhattisgarh Through Secretary, Tribal Development, Department Dks Bhawan Raipur (C.G.)
2. Commissioner (Tribal Devel) Surajpur C.G.
3. The Collector (Tribal Devel.) Surajpur C.G.
4. Assit. Commissioner Tribal Devel. Surajpur C.G.
5. Block Education Officer Odgi, Surajpur C.G.
---- Respondents And WPS No. 3678 Of 2012
1. Rajesh Kumar S/o Shri Satanram Aged About 24 Years Caste-Nai Working As Sweeper Posted At High School, Dandkarwan, Tahsil Pratappur, Distt. Surajpur C.G.
2. Pratosh Kumar S/o Ishwar Prasad Aged About 36 Years Working As Sweeper Posted At Primary School, Dubapara (Dandkarwan), Tahsil- Pratappur, Distt. Surajpur (Cg.)
3. Amrit Sai S/o Fulsai Aged About 25 Years Caste-Kanwar, Working As Sweeper Posted At Primary School, Domnipara, Tahsil-Pratappur, Distt. Surajpur (C.G.)
4. Suresh Kumar Singh S/o Ramswarup Singh Aged About 23 Years Working As Sweeper Posted At Primary School, Ghutrapara, Tahsil- Pratappur, Distt. Surajpur (C.G.)
5. Shani Singh S/o Bhagat Ram Aged About 26 Years Working As Sweeper Posted At Middle School, Ghutrapara (Singhra), Tahsil- Pratappur, Distt. Surajpur (C.G.)
6. Baban Ram S/o Jakalram Aged About 25 Years Working As Sweeper Posted At Primary School, Singhra, Tahsil Pratappur, Distt. Surajpur (C.G.)
---- Petitioners Vs
1. State Of Chhattisgarh Through The Secretary Scheduled Caste & Sheduled Tribe Development Deptt. Dau Kalyan Singh Bhawan Raipur C.G.
2. The Commissioner Scheduled Caste & Scheduled Tribe Development Surajpur C.G.
3. The Collector (Tribal Development), Surajpur, Distt. Surajpur (C.G.)
4. The Assistant Commissioner Tribal Development, Surajpur, Distt. Surajpur (C.G.)
5. Block Education Officer Pratappur Distt. Surajpur Cg
---- Respondents And WPS No. 3829 Of 2012
1. Hol Say S/o Dhaniram Aged About 21 Years Vill. Namna, Post Premnagar, Tah. & Distt. Surajpur C.G.
2. Sumaru Singh S/o Jhel Say Aged About 28 Years Vill. Namna, Post Premnagar, Tah. Surajpur C.G.
3. Shri Prasad S/o Ghurlabdan Ram Aged About 27 Years Vill. Namna, Post Premnagar, Tah. Surajpur C.G.
4. Sohan Singh S/o Hari Prasad Aged About 27 Years Vill. Namna, Post Premnagar, Tah. Surajpur C.G.
---- Petitioners Vs
1. State Of Chhattisgarh Through Secretary, Tribal Devel., Deptt. Dks Bhawan Raipur
5. Collector Tribal Devel. Deptt., Surajpur C .G.
6. Assit. Commissioner Tribal Devel. Deptt., Surajpur C .G.
7. The Block Education Officer Premnagar, Distt. Surajpur C.G.
---- Respondents And WPS No. 3907 Of 2012
1. Devnarayan S/o Sitaram Aged About 30 Years Caste-Gond, Working As Sweeper Posted At Govt. Primary School, Amapara, Tashil Pratappur Distt. Surajpur Cg.
2. Shivkumar S/o Akbar Ram Aged About 24 Years Sweeper, Govt. Prim. School, Kodakupara Ghumadand, Tah. Pratappur, Distt. Surajpur C.G.
3. Ajay Babu S/o Bandhuram Aged About 24 Years Sweeper, Govt. Prim. School, Kundripara Govindpur, Tah. Pratappur, Distt. Surajpur C.G.
4. Ram Singh S/o Alam Sai Aged About 19 Years Sweeper, Govt. Prim. School, Thuthijharia (Pakni), Th. Pratappur, Distt. Surajpur C.G.
5. Bheem Singh S/o Satiram Aged About 19 Years Sweeper, Govt. M. School Bhedia Tah. Pratapur, Dist. Surajpur C.G.
6. Tulsi Dayal S/o Ramjeet Aged About 26 Years Sweeper, Govt. Prim. School, Parmeshwarpur, Tah. Pratappur, Distt. Surajpur C.G.
7. Goutam Singh S/o Ramjit Aged About 26 Years Sweeper, Govt. Prim. School Mahuadand, Tah. Pratappur, Distt. Surajpur C.G.
8. Ramesh Kumar S/o Ramdhari Aged About 20 Years Sweeper, Govt. Prim. School, Parmeshwarpur (Ghumadand), Tah. Pratappur Disttt. Surajpur C.G.
9. Parmanand S/o Sukhdev Singh Aged About 19 Years Sweeper, Govt. Prim. School, Thothipara, Hariharpur, Tah. Pratappur, Distt. Surajpur C.G.
10. Devsharan Singh S/o Hariprasad Aged About 23 Years Sweeper, Govt. M. School, Hariharpur, Tah. Pratappur, Distt. Surajpur C.G.
11. Anand Singh S/o Shivprasad Aged About 23 Years Sweeper, Govt. M. School Parmeshwarpur, Tah. Pratappur, Distt. Surajpur C.G.
12. Anil Paikra S/o Chandan Aged About 26 Years Sweeper, Govt. Prim. School, Redipara (Budhadand), Tah. Pratappur, Distt. Surajpur C.G.
13. Lalsai S/o Pahalwan Aged About 30 Years Sweeper, Govt. Hr. Sec. School Karsi, Tah. Pratappur, Distt. Surajpur C.G.
14. Rajnath S/o Moti Aged About 21 Years Sweeper, Govt. M. School Karsi, Tah. Pratappur, Surajpur C.G.
15. Purshottam Ram S/o Sukhram Aged About 22 Years Sweeper, Govt. Prim. School Bandhpara Karsi, Tah. Pratappur, Distt. Surajpur C.G.
16. Malikchandra S/o Chandan Ram Aged About 22 Years Sweeper, Govt. Prim. School, Dhokinala (Budhadand) Tah. Pratappur,surajpur Cg.
17. Mahendra Prasad S/o Bhanraj Aged About 25 Years Sweeper, Govt. Prim. School Kachharpara (Davankara) Tah. Pratappur Surajpur C.G.
18. Manish Kumar Patel S/o Shlok Patel Aged About 25 Years Sweeper, Govt. M. School Sondiha, Tah. Pratappur, Distt. Surajpur C.G.
19. Mithilesh Patel S/o Kanti Prasad Aged About 28 Years Sweeper, Govt. Prim. School Sondiha, Tah. Pratappur, Dist. Surapur C.G.
20. Arun Kumar Patel S/o Rishi Patel Aged About 25 Years Sweeper, Govt. Prim. School Sondiha, Tah. Pratappur, Distt. Surajpur C.G.
21. Goutam Patel S/o Deenanath Patel Aged About 28 Years Sweeper, Govt. Prim. School, Bargidih, Tah. Pratappur, Distt. Surajpur C.G.
22. Kameshwar Prasad Ramadhin Aged About 22 Years Sweeper, Govt. Prim. School, Bataihapara, Tah. Pratappur, Distt. Surajpur Cg.
23. Ramniwas S/o Gopiram Aged About 23 Years Sweeper, Govt. M. School, Badwar, Tah. Pratappur, Distt. Surajpur Cg.
24. Dilip Kumar S/o Govind Ram Aged About 25 Years Sweeper, Govt. M. School, Chhirmahua, Tah. Pratappur, Distt. Surajpur Cg.
25. Shishupal S/o Lalai Aged About 30 Years Sweeper, Govt. Hr. Sec. School, Hariharpur, Tah. Pratapur, Dist. Surajpur C.G.
26. Narendra Kumar S/o Devkishun Aged About 30 Years Sweeper, Govt. Prim. School, Khuthanpara, Semra Khurd, Tah. Pratappur, Distt. Surajpur C.G.
27. Hublal S/o Jawahar Ram Aged About 22 Years Sweeper, Govt. Prim. School, Kadakupara, Tah. Pratapur, Distt. Surajpur C.G.
28. Suresh Yadav S/o Ramchandra Aged About 28 Years Sweeper, Govt. Prim. School, Bhuiyapara, Bhedia, Tah. Pratapur, Dist. Surajpur C.G.
29. Shivprasad S/o Bedanti Aged About 19 Years Sweeper, Govt. Prim. School, Chhipnipara (Pahadkaran), Tah. Pratappur, Distt. Surajpur C.G.
30. Arjunram S/o Soharasai Aged About 20 Years Sweeper, Govt. Prim. School, Bhatigadha (Chingradand), Tah. Pratappur, Dist. Surajpur C.G.
31. Kunwar Sai S/o Dhansai Aged About 21 Years Sweeper, Govt. M. School, Chingradand, Tah. Pratappur, Distt. Surajpur C.G.
32. Jairam Paikra S/o Santuram Paikra Aged About 22 Years Sweeper, Govt. Prim. School, Nawapara Bhatigadha, Tah. Pratappur, Dist. Surajpur C.G.
33. Rajkumar S/o Charan Sai Aged About 24 Years Sweeper, Govt. M. School, Matigadha, Tah. Pratappur, Dist. Surajpur C.G.
34. Anil Kumar Singh Ramraj Singh Aged About 23 Years Sweeper, Govt. Prim. School, Budhadand, Tah. Pratappur, Distt. Surajpur C.G.
---- Petitioner Vs
1. State Of Chhattisgarh Through- The Secretary, Scheduled Caste & Scheduled Tribe Development Deptt. D.K.S. Bhawan, Mantralaya Distt. Raipur (C.G.)
2. The Commissioner Sc & St Devel. Raipur C.G.
3. The Collector (Tribal Devel.) Surajpur C.G.
4. The Asstt. Commissioner Tribal Devel. Surajpur C.G.
5. Block Education Officer Pratappur, Distt. Surajpur C.G.
---- Respondents And WPS No. 4098 Of 2012
1. Chitrasen S/o Ramdev Aged About 25 Years Vill. Darhari, Post Kewara, Tah. Pratapur Surajpur C.G.
2. Usha W/o Virendra Kumar Aged About 25 Years Caste Panika, Semai, Post Pratappur, Distt. Surajpur C.G.
3. Pradeep Kumar S/o Hari Prasad Aged About 22 Years Caste Rajwar Darhora, Pratappur, Distt. Surajpur C.G.
4. Janki W/o Motilal Aged About 27 Years Darhora Post Pratappur, Distt. Surajpur C.G.
5. Kumari Shivkumari D/o Bihari Ram Aged About 24 Years Caste Kawar, Chandaura, Post Chandaura, Distt. Surajpur C.G.
6. Mansai S/o Ramprasad Aged About 28 Years Mayapur Pratappur, Distt. Surajpur C.G.
7. Rajesh Kumar Jaiswal S/o Alakh Narayan Aged About 21 Years Caste Jaiswal, Chandaura, Post Pratappur, Distt. Surajpur C.G.
8. Parmeshwar S/o Lalsai Aged About 27 Years Chandaura Pratappur, Distt. Surajpur C.G.
9. Shivprasad S/o Dakhal Aged About 34 Years Pakni, Distt. Surajpur C.G.
10. Ajit Kuamr S/o Jairam Aged About 26 Years Darhora, Post Pratappur, Distt. Surajpur C.G.
11. Vikas Singh S/o Rajendra Singh Aged About 23 Years Caste Gond, Domhat Distt. Surajpur C.G.
12. Devendra Kumar S/o Jhariram Aged About 22 Years Sarhari, Post Kewra, Tahsil Pratappur, Distt. Surajur C.G.
13. Mahaveer S/o Ramdeva Aged About 23 Years Semrakhurd, Distt. Surajpur C.G.
14. Jagbandhan S/o Devkumar Aged About 25 Years Kodaipara, Rapur, Distt. Surajpur C.G.
15. Mangal Sai S/o Shivnarayan Aged About 23 Years Kawar, District Surajpur C.G.
16. Ravishankar Singh S/o Tirath Prasad Aged About 23 Years Caste Gond, Kharema, Distt. Surajpur C.G.
17. Nisun Ram Rajwade S/o Bachchu Ram Aged About 23 Years Caste Rajwar Korma Distt. Surajpur C.G.
18. Damodar Singh S/o Nanhaku Ram Aged About 23 Years Silaura, Distt. Surajpur C.G.
19. Mohan S/o Mangal Aged About 25 Years Caste Kodai, Tarapani, Thaidand, Distt. Surajpur C.G.
20. Ram Singh S/o Dulraj Singh Aged About 25 Years Caste Gond Post Jaiswal Disttl Surajpur C.G.
21. Goutam Singh S/o Dulraj Singh Aged About 26 Years Gurunath Singh Post Jaiswal Distt. Surajpur C.G.
22. Amarkosh Singh S/o Gurunath Singh Aged About 26 Years Caste Gond, Jaiswal, Distt. Surajpur C.G.
23. Sunita W/o Shivprasad Aged About 24 Years Caste Kherwar Gorgi, Jaiswal Distt. Surajpur C.G.
24. Vijay Kumar S/o Matukdhari Aged About 33 Years Caste Chamar Gorgi, Jaiswal Distt. Surajpur C.G.
25. Girjashankar S/o Caste Rajwar Aged About 28 Years Gorgi, Jaiswal District Surajpur C.G.
26. Devkumar S/o Rambhajan Aged About 21 Years Caste Gond, Post Jaiswal District Surajpur C.G.
27. Sanjay Prasad Paikara S/o Thakur Prasad Aged About 25 Years Caste Kanwar, Khajuri Post Pratappur, Distt. Surajpur C.G.
28. Vewa Indra Singh S/o Lt. Raghuwar Singh Aged About 34 Years Caste Kshatriya Amandon, Post Pratappur Distt. Surajpur C.G.
29. Sant Lal S/o Sundar Lal Aged About 33 Years Chandarpur Khadgawankala, Tahsil Pratappur, Distt. Surajpur C.G.
30. Karamchand Singh S/o Pandey Ra Aged About 28 Years Caste Gond, Sauntar Police Station & Tahsil Pratappur, Distt. Surajpur C.G.
31. Madan Lal S/o Subhash Ram Aged About 25 Years Caste Gond Khairadih, Post Jaiswal Distt. Surajpur C.G.
32. Vijay Singh S/o Bhanju Ram Aged About 30 Years Village Mani, Distt. Surajpur C.G.
33. Buddhi Dev S/o Ajit Singh Aged About 27 Years Caste Gond, Jaiswal Post Jaiswal Distt. Surajpur C.G.
34. Shyam Narayan Singh S/o Arjun Singh Aged About 31 Years Jaiswal Post Jaiswal District Surajpur C.G.
35. Santosh Kumar Paikara S/o Lt. Harinandan Aged About 27 Years Mayapur Distt. Surajpur C.G.
---- Petitioners Vs
1. State Of Chhattisgarh Through Secretary., Tribal Devel. Deptt. Dks Bhawan Raipur C.G.
2. Commissioner (Tribal Development ) Distt. Surguja C.G.
3. Collector (Tribal Development), Surajpur, District Surajpur C.G.
4. Assistant Commissioner (Tribal Development) Surajpur C.G.
5. Block Education Officer Pratappur, District Surajpur C.G.
---- Respondents And WPS No. 4220 Of 2012 • Krishna Kumar Rajwade S/o Lt. Gangaram Aged About 37 Years Vill. Madanpur, Tah. & Distt. Surajpur C.G.
---- Petitioner Vs
1. State Of Chhattisgarh Through The Secretary., Tribal Development Deptt. Dks Bhawan Raipur C.G.
2. The Collector Tribal Devel. Deptt., Surajpur C .G.
3. Assistant. Commissioner Tribal Devel. Deptt. Surajpur C.G.
4. Block Education Officer Surajpur C.G.
5. The Headmaster Govt. Primary School Madanpur, Circle South Surajpur C.G.
---- Respondents For Petitioners Shri A.K. Shukla, Advocate, Shri D. N. Prajapati, Advocate, Shri Rishi Mahobia, Advocate and Ms. Neha Verma, Advocate For Respondent/State Shri Y.S. Thakur, Dy. AG Hon'ble Shri Justice Prashant Kumar Mishra Order On Board By 09/09/2015
1. With the consent of the learned counsel for the parties, the matters are heard finally.
2. The petitioners, who are working as Part Time Sweepers have called in question the order passed by the Collector (Tribal Development), Surajpur on 30.07.2012 (Annexure-P-1) and the order passed by the Assistant Commissioner (Tribal Development), Surajpur on 12.07.2012 (Annexure-P-7). By the impugned communications, it has been directed to cancel the petitioners' appointment as Part Time Sweepers, on which they were appointed by the respective principals/head masters sometimes in the month of June-July, 2014.
3. On 08.03.2011, the Principal Secretary, School Education Department, Government of Chhattisgarh issued a communication to the Director, Public Instruction, Chhattisgarh informing that there being no instruction from the State Government not to appoint part time sweepers and since the post of sweepers are sanctioned in every school, such appointment of part time sweepers can be made at the principal/head masters' level. Similar instruction was issued by the Department of Scheduled Caste and Scheduled Tribe Development on 04.07.2011.
4. On the basis of above instruction of the State Government, the petitioners were appointed as Part Time Sweepers, however, by the communication (Annexure-P-1), the Assistant Commissioner (Tribal Development), Surajpur directed that the application for appointment of part time sweepers be invited from 06.08.2012 to 12.08.2012 and appointment be made by drawing of lots. In the event of any complaint about the recruitment process, the appointments shall be liable to be cancelled. The said Assistant Commissioner issued another communication for cancellation of all the appointments made by the head masters/principals of different school in his jurisdiction.
5. It is argued that once the petitioners have been appointed by the respective principals/head masters pursuant to the State Government's instruction, the Commissioner has no jurisdiction or authority to suspend the execution of the communication issued by the State Government or to cancel the appointments made by the respective principals/head masters. They would further submit that the petitioners are still working on the strength of interim order passed by this Court and they are paid wages of part time sweeper on collector rate.
6. Learned State counsel would submit that since there is no guideline or rule governing appointment and service conditions of part time sweepers, the Collector (Tribal Development), Surajpur issued the guidelines vide Annexure-P-1. He would submit that after issuance of the earlier communication of the State Government on 08.03.2011 and 04.07.2011, the respective schools were not informed for making appointment, however, respective principals/head masters proceeded to make appointments on their own and have thus, appointed the petitioners by pick and choose method. He would submit that, in order to avoid misuse of power at the level of head master/principal, the Collector has issued the guidelines. He would also submit that in most of cases, the part time sweepers are not performing their duties, therefore, the object of appointing part time sweepers has been frustrated.
7. Upon hearing learned counsel for the parties, it would appear that even if the respective principals/head masters were not informed or authorized to make appointment, the fact remains that the State Government had earlier issued communications to the effect that there is no restriction for appointing part time sweepers. It has not been disputed by the respondents that the petitioners were infact appointed by the respective principals/head masters prior to issuance of the order (Annexure-P-1) and the order (Annexure-P-7). Once the appointments have been made, even on part time basis, mass cancellation of appointments, without there being any specific individual allegation of corruption or nepotism is not permissible. At the same time, if any part time sweeper is not attending duties as he belongs to some other village or is otherwise not efficient in his work, it always remains open for the concerned head of the department or the appointing authority to initiate action, as the petitioners have no right to hold the post, being only part time sweepers.
8. For the foregoing, all the writ petitions are disposed of with a direction that the petitioners shall not be discontinued from service without giving them any opportunity of hearing. In the event, any of the petitioners is not performing duties to the satisfaction of the authorities, the action may be taken against such part time sweeper, in accordance with the principles of natural justice as the petitioners have no right to hold the post. Till the competent authority initiates any proceeding by issuing show cause notice to the petitioners, all the petitioners shall continue on the post.
Sd/-
JUDGE PRASHANT KUMAR MISHRA Nirala