2026:CGHC:7471 Digitally signed by YOGESH YOGESH TIWARI AFR TIWARI Date:

2026.02.13

19:21:21 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5378 of 2023

1 - Hans Kumar Rajwade S/o Shri Balrup Ram Rajwade Aged About 32 Years Presently Working As Data Entry Operator, O/o Block Education Officer, Udaypur, P.S. Udaypur, District : Surguja Chhattisgarh

2 - Jai Prakash Chauhan S/o Shri Sudhram Chauhan Aged About 36 Years Presently Working As Data Entry Operator, O/o Block Education Officer, Lundra, P.S. Lundra, District : Surguja Chhattisgarh

3 - Ansarun Nisha W/o Md. Irshad Aged About 35 Years Presently Working As Data Entry Operator, O/o Block Education Officer, Lakhanpur, P.S. Lakhanpur, District : Surguja, Chhattisgarh ... Petitioners versus

1 - State of Chhattisgarh Through The Secretary, Department of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur (C.G.)

2 - Secretary Depart of Tribal Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur (C.G.)

3 - Director of Public Instructions 1st Floor, Indrawati Bhawan, Atal Nagar, Nava Raipur (C.G.)

4 - Commissioner (Tribal Welfare Department) Indrawati Bhawan, Atal Nagar, Nava Raipur (C.G.)

5 - Collector District Surguja, Ambikapur, Surguja (C.G.)

6 - Assistant Commissioner (Tribal Welfare Development) O/o. The Collector, Ambikapur, Surguja (C.G.)

7 - District Education Officer Ambikapur, Surguja (C.G.)

... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. N. Naha Roy, Advocate For Respondents : Mr. Sangharsh Pandey, Govt. Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge

Order on Board

10.02.2026

1. By filing the present petition, the petitioners have challenged the impugned order dated 25.10.2022 (Annexure P/1), whereby it has been held that the petitioners’ appointments would not be treated as regular appointments and would continue to remain contractual in nature. The petitioners have prayed for the following reliefs:-

“10.1 Issue an appropriate writ in the nature of mandamus and quash the impugned order dated 25.10.2022 (Annexure P/1) thereby saying that the petitioners' appointment would not be altered as a regular appointment and would remain contractual in nature, in a most arbitrary manner.

10.2 Issue an appropriate writ in the nature of mandamus and direct the respondents to consider the cases of petitioners for being treated as regular incumbents since their initial appointments with all consequential benefits associated therewith including the arrears of pay and seniority.

10.3 Grant any other relief, which is deemed fit in the circumstances of the case.”

2. Brief facts of the case, in a nutshell are that the respondent Department had earlier issued a joint advertisement in the year 2012 inviting applications for appointment on various Class-III and IV posts, including the post of Data Entry Operator. The said posts of Data Entry Operator were already sanctioned on regular basis for the offices of Block Education Officers under the Tribal Welfare Department. By that time, the ban imposed on regular recruitment in the State had already been lifted vide order dated 18.09.2007 and subsequent communications, thereby permitting regular recruitment on such posts without requiring consultation with the Finance Department.

3. Despite the vacancies being regularly sanctioned and the ban on regular recruitment having been lifted, the advertisement reflected the posts of Data Entry Operator as contractual. The petitioners, being unaware of these developments, participated in the selection process and, upon due selection, were appointed in the years 2012–2013 on fixed remuneration. Significantly, their appointment orders contained a clause placing them on probation for two years, which is a condition ordinarily applicable to regular appointments.

4. The petitioners have been continuously discharging their duties for more than ten years against sanctioned vacancies without any break. As no order extending probation or confirming their