2025:CGHC:56482 Digitally RAGHVENDRAsigned by JAT RAGHVENDRA JAT NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6661 of 2023

1 - Smt. Amrita Banjare W/o Shri Vinod Kumar Banjare, Aged About 37 Years R/o Qtr.No. 37/2, Street 6a, Maitri Nagar, Risali, Bhilai, District Durg Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary Department Of Technical Education, Man Power And Planning Department, Mahanadi Bhawan, Mantralaya, New Raipur, P.S. Rakhi, Distt. Raipur (Chhattisgarh)

2 - The Director, Directorate Of Technical Education, Raipur (Chhattisgarh)

... Respondent(s)

For Petitioner(s) : Mr. Sajal Kumar Gupta, Advocate.

For Respondent(s)/State : Mr. Dashrath Prajapati, Panel Lawyer.

SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order On Board

19.11.2025

1. By way of this petition, the petitioner has prayed for following reliefs:-

“10.1 This Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the case of the petitioner for regularization along with the similarly placed appointees in light of order dated 23.10.2018 passed by this Hon'ble Court in W.A. No.14/2017, subject to the order passed by Hon'ble Supreme Court in SLP (C) No.7864-7889/2019.

10.2 The Hon'ble Court may kindly be pleased to grant any other relief, which deems fit and proper including cost of the petition.”

2. Brief facts of the case is that, the petitioner was appointed to the post of Lecturer (I.T.) in the Government Polytechnic College and was duly made after following the selection procedure prescribed under the 2004 as well as the 2012 Rules, albeit on a contractual basis. However, at the time when other persons similarly situated approached this Hon’ble Court seeking regularization of their services, the petitioner was instead served with an illegal termination order. Consequently, rather than joining the group of identically placed appointees in seeking regularization, the petitioner was compelled to file a separate petition challenging the said illegal termination, which had been issued without conducting a proper enquiry and by erroneously treating her pursuit of higher studies—undertaken without prior permission—as misconduct. It was only after this Hon’ble Court set aside the illegal termination order that the petitioner was in a position to file the present petition, wherein she now seeks the same relief of regularization as has already been granted by this Hon’ble Court to other similarly situated appointees. Hence, this petition.

3. Learned counsel for the petitioner submits that the petitioner, Smt.

Amrita Banjare, was duly appointed as Lecturer on contractual basis on 18.10.2010 at Government Polytechnic College, Durg, after undergoing a proper and lawful selection process in accordance with the Chhattisgarh Civil Services (Contract Appointment) Rules, 2004 and 2012, framed under Article 309 of the Constitution of India, keeping in view the mandates of Articles 14 and 16. The petitioner possesses the requisite qualifications and experience, her appointment and continuance having been supported by valid appointment, experience and qualification certificates. It is further submitted that despite the availability of a large number of sanctioned posts of Lecturers in Government Polytechnic and Engineering Colleges, the State continued to appoint eligible candidates like the petitioner on contractual basis against vacant sanctioned posts and extended her services from time to time for about five years, reflecting the continuing need of teaching staff. The learned counsel emphasizes that the petitioner’s termination dated 01.09.2016 was set aside by this Hon’ble Court in WPS No. 5115 of 2016 vide order dated 22.07.2021, thereby affirming the legality of her appointment and continuance. It is argued that the respondent-State, instead of regularizing similarly situated contractual employees, is seeking to fill up posts already occupied by such employees through fresh advertisements, which is arbi