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2025:CGHC:7933-DB NAFR Digitally signed by ANURADHA HIGH COURT OF CHHATTISGARH AT BILASPUR ANURADHA TIWARI TIWARI Date:
2025.02.14
16:26:17 +0530 WPS No. 3093 of 2023
1 - Agardas Baghel S/o Lt. Latel Das Baghel Aged About 38 Years Occupation- Assistant Professor, Sociology, Posted At Government Rajmata Vijaya Raje Scindia Girls College, Kawardha, District Kabirdham (C.G.)
2 - Vijay Kumar Sahu S/o Girdhari Ram Sahu Aged About 29 Years Occupation - Assistant Professor, Commerce, Posted At Government Model Residential College, Kanker, District North Bastar (C.G.)
3 - Domesh Kumar S/o Raisingh Aged About 32 Years Occupation - Assistant Professor, Mathematics, Posted At Government Sahid Gendsingh College Charama, District North Bastar (C.G.)
4 - Priyanka Governa D/o Motilal Governa Aged About 30 Years Occupation - Assistant Professor, Commerce, Posted At Government Model College, Kanker, District North Bastar (C.G.)
5 - Dr. Hemlata Sahu D/o G.R. Sahu Aged About 47 Years Occupation - Assistant Professor, Commerce, Posted At Government Bhanupratapdev Government College, Kanker, District North Bastar (C.G.)
6 - Priyanka Jaiswal D/o Rajesh Jaiswal Aged About 34 Years Occupation - Assistant Professor, English, Posted At Government Model Residential College, Kanker, District North Bastar (C.G.)
7 - Alka Kerketta D/o Lt. N. Kerketta Aged About 42 Years Occupation - Assistant Professor, Psychology, Posted At Bhanupratapdev Government College, Kanker, District North Bastar (C.G.)
8 - Khileshwar Kosma S/o Kalmal Singh Kosma Aged About 37 Years Occupation - Assistant Professor, Physics, Posted At Government Model College, Kanker, District North Bastar (C.G.)
9 - Dr. Ashok Kumar Bharti S/o Bhagirathi Bharti Aged About 32 Years Occupation - Assistant Professor, Chemistry, Posted At Government Model Residential College, Kanker, District North Bastar (C.G.)
10 - Richa Sagne S/o Vasudevrao Sagne Aged About 37 Years Occupation - Assistant Professor, Botany, Posted At Bhanupratapdev Government College, Kanker, District North Bastar (C.G.)
11 - Manisha Behra D/o Tikelal Behra Aged About 31 Years Occupation - Assistant Professor, Commerce, Posted At Government Mahaprabhu Vallabhacharya College, Mahasamund, District : Mahasamund, Chhattisgarh
12 - Priyanka Chakradhari D/o Ishwar Chakradhari Aged About 29 Years Occupation - Assistant Professor, Zoology, Posted At Government Mahaprabhu Vallabhacharya College, Mahasamund, District Mahasamund (C.G.)
13 - Tarun Kumar Dhruw S/o Ramsingh Dhruv Aged About 28 Years Occupation - Assistant Professor, Commerce, Posted At Government Naveen College Chirko, Mahasamund, District Mahasamund (C.G.)
14 - Lata Bhoi D/o Minketan Bhoi Aged About 32 Years Occupation - Assistant Professor, Chemistry, Posted At Government Naveen College Chirko, Mahasamund, District Mahasamund (C.G.)
15 - Manharan Thakur S/o Bishat Thakur Aged About 42 Years Occupation - Assistant Professor, English, Posted At Government Naveen College Chirko, Mahasamund, District Mahasamund (C.G.)
16 - Manbod Chouhan S/o U.L. Chouhan Aged About 31 Years Occupation - Assistant Professor, Commerce, Posted At Government Mahaprabhu Vallabhacharya College, Mahasamund, District Mahasamund (C.G.)
17 - Jagdish Kumar Satyam S/o Dilip Satyam Aged About 28 Years Occupation - Assistant Professor, Physics, Posted At Government Mahaprabhu Vallabhacharya College, Mahasamund, District Mahasamund (C.G.)
18 - Pitambar S/o Tikaram Aged About 34 Years Occupation - Assistant Professor, Sociology, Posted At Government College, Kandel, District Dhamtari (C.G.)
19 - Sanjay Pawar S/o Amar Singh Pawar Aged About 31 Years Occupation - Assistant Professor, Physics, Posted At Government College, Kandel, District Dhamtari (C.G.)
20 - Laxman S/o Lt. Atmaram Aged About 33 Years Occupation - Assistant Professor, Commerce, Posted At Government College, Kandel, District Dhamtari (C.G.)
21 - Laxminarayan S/o Tekuram Aged About 33 Years Occupation - Assistant Professor, Economics, Posted At Government College, Kandel, District Dhamtari (C.G.)
22 - Hariram Sahu S/o Jagmohan Sahu Aged About 31 Years Occupation - Assistant Professor, Microbiology, Posted At Government College, Kurud, District Dhamtari (C.G.)
23 - Renu Patle D/o Jawaharlal Patle Aged About 27 Years Occupation - Assistant Professor, Commerce, Posted At Government College, Kurud, District Dhamtari (C.G.)
24 - Akash Kumar Sahu S/o Santosh Sahu Aged About 32 Years Occupation - Assistant Professor, Chemistry, Posted At Government N.R.M Girls College, Dhamtari, District Dhamtari (C.G.)
25 - Roly Jangde D/o T.K. Jangde Aged About 30 Years Occupation - Assistant Professor, English, Posted At Government N.R.M Girls College, Dhamtari, District Dhamtari (C.G.)
26 - Hukesh Kumar Markanday S/o Panchram Aged About 29 Years Occupation - Assistant Professor, Commerce, Posted At Government N.R.M Girls College, Dhamtari, District Dhamtari (C.G.)
27 - Daneshwar S/o Sevakram Aged About 27 Years Occupation - Assistant Professor, Commerce, Posted At Government N.R.M Girls College, Dhamtari, District Dhamtari (C.G.)
28 - Rajesh Kumar Jangde S/o Gendlal Jangde Aged About 29 Years Occupation - Assistant Professor, Mathematics, Posted At Government N.R.M Girls College, Dhamtari, District Dhamtari (C.G.)
29 - Daminee Thakur D/o Umendiram Thakur Aged About 31 Years Occupation - Assistant Professor, Economics, Posted At Government N.R.M Girls College, Dhamtari, District Dhamtari (C.G.)
30 - Ankit Kumar Bodhwani S/o Ashok Kumar Aged About 29 Years Occupation - Assistant Professor, Commerce, Posted At Government Naveen College, Aamdi, District Dhamtari (C.G.)
31 - Bheekham Chand Sahu S/o A.K. Sahu Aged About 27 Years Occupation - Assistant Professor, Commerce, Posted At B.C.S.
Government College, Dhamtari, District Dhamtari (C.G.)
32 - Akansha Kashyap D/o T.K. Jangde Aged About 28 Years Occupation - Assistant Professor, Botany, Posted At B.C.S. Government College, Dhamtari, District Dhamtari (C.G.)
33 - Akansha Markam D/o B.L. Markam Aged About 32 Years Occupation - Assistant Professor, Chemistry, Posted At B.C.S.
Government College, Dhamtari, District Dhamtari (C.G.)
... Petitioners versus
1 - State of Chhattisgarh Through The Chief Secretary Mantralaya, Mahanadi Bhavan, Atal Nagar Nava Raipur (C.G.)
2 - The Secretary General Administration Department, State of Chhattisgarh, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nava Raipur (C.G.)
3 - The Secretary Department of Finance, State of Chhattisgarh, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nava Raipur (C.G.)
4 - The Secretary Department of Higher Education, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh
5 - The Secretary Chhattisgarh State Public Service Commission, Shankar Nagar, Raipur, District : Raipur, Chhattisgarh
6 - The Director Directorate of Higher Education, Indravati Bhavan, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh
7 - University Grants Commission Through Chairman, Bahadur Shah Zafar Marg, New Delhi 110002.
... Respondents (Cause-title taken from Case Information System)
Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , JudgeFor Petitioners : Mr. Rohit Sharma, Advocate For Respondents-State : Mr. Yashwant Singh Thakur, Additional Advocate General For Respondent-UGC : Mr. Jitendra Nath Nande, Advocate
Order on Board
Per Ramesh Sinha , Chief Justice
14.02.2025
1. Heard Mr. Rohit Sharma, learned counsel for the petitioners and Mr. Yashwant Singh Thakur, learned Additional Advocate General, appearing for the State/respondents No.1 to 6 and Mr. Jitendra Nath Nande, learned counsel appearing for respondent No.7.
2. The present petition has been filed by the petitioners with the following prayers:-
“1. Hold that Action on the Part of the Respondent Authorities whereby Vide Impugned Notification and Memo, Finance Direction i.e., Annexure-P/1 to P/4, Government of Chhattisgarh Made an Brazen Attempt to Demolish the Very Foundation of the Fundamental Rules by Slapping the Experimental Approach of Inserting the Analogy of 'Stipend' to be Paid Unless and Until the Probation Period Cannot complete and 70%,80% and 90% Criteria Slapped for the 1st, 2nd & 3rd Year respectively is Arbitrary, Capricious and Same is Liable to be Set aside/Quashed being ultra vires to the constitution of India.
2. That this Hon'ble may Kindly be Pleased to Hold that the Impugned Notifications, Orders i.e., Annexure-P/1 to P/4 in so far as it Converts the Recruitment under Pay/Salary to a Stipend Recruitment is Per Contra to Article 14, 16, 21 & 309 of the Constitution of India and Accordingly be Held as Ultra-Vires to the Said Extend.
3. That the entire record of the case may kindly be called for elucidation of the facts of the case.
4. Any other relief, which this Hon'ble Court deems fit and proper in the facts and circumstances of the case.”
3. Learned counsel for the parties jointly submit that present case has become infructuous as the policy in question has already been withdrawn by the State.
4. In that view of the matter, the present petition is dismissed as having rendered infructuous with liberty to the petitioners to take recourse to law, if the petitioners are aggrieved by any further action.
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