2025:CGHC:5106 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 206 of 2024 Order reserved on 24.01.2025 Order delivered on 29.01.2025

1. Bhanu Pratap Singh S/o Shri Pitambar Singh Aged About 57 Years R/o Near Forest Barrier, Khairbaar, Ambikapur, District Sarguja (C.G.) PIN

497001.

Presently Posted As Chairperson, Chhattisgarh Rajya Anusuchit Janjati Ayog, (Chhattisgarh State Scheduled Caste Commission) Bhagat Singh Chowk, Shankar Nagar Road, Near Pahuna, Raipur, District Raipur (C.G.) PIN 492001.

2. Ganesh Dhruw S/o Shri Dharmu Singh Dhruw Aged About 49 Years R/o Govind, B-17, Nayapara Ward, Krishna Nagar, Bhatapara, District Balodabazar (C.G.) PIN 493118 Presently Posted As Member Chhattisgarh Rajya Anusuchit Janjati Ayog (Chhattisgarh State Scheduled Caste Commission) Bhagat Singh Chowk, Shankar Nagar Road, Near Pahuna, Raipur, District Raipur (C.G.) PIN

492001

3. Amrit Lal Toppo S/o Shri Joseph Toppo Aged About 54 Years R/o St.

Xavier School, Ambikapur, District Sarguja (C.G.) PIN 497001.

Presently Posted As Member Chhattisgarh Rajya Anusuchit Janjati Ayog, (Chhattisgarh State Scheduled Caste Commission) Bhagat Singh Chowk, Shankar Nagar Road, Near Pahuna, Raipur District Raipur (C.G.) PIN

492001.

4. Smt. Archana Porte W/o Shri Shankar Kanwar Aged About 50 Years R/o Ward No. 15, Girls College, Samta Nagar, Pendra Road, District Gaurela-Pendra-Marwahi (C.G.) PIN 495117 Presently Posted As Member Chhattisgarh Rajya Anusuchit Janjati Ayog (Chhattisgarh State Scheduled Caste Commission) Bhagat Singh Chowk, Shankar Nagar Road, Near Pahuna, Raipur, District Raipur (C.G.) PIN

492001.

... Petitioners Versus

1. State Of Chhattisgarh Through its Secretary, General Administration Department, Government of Chhattisgarh, Mantralaya, Mahanadi Bhawan, New Raipur, Atal Nagar, Raipur, District Raipur (C.G.) PIN

492002.

2. Secretary, General Administration Department, Government of Chhattisgarh, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (C.G.) PIN 492002.

3. Under Secretary, General Administration Department, Government of Chhattisgarh, Mantralaya, Mahanadi Bhawan, New Raipur, Atal Nagar, Raipur District Raipur (C.G.) PIN 492015

4. Secretary, Scheduled Tribe & Scheduled Caste Development Department, Government of Chhattisgarh, Mantralaya , Mahanadi Bhawan, New Raipur, Ata Nagar, Raipur, District Raipur (C.G.) PIN

492015

5. Under Secretary, Scheduled Tribe & Scheduled Caste Development Department, Government of Chhattisgarh, Mantralaya, Mahanadi Bhawan, New Raipur, Atal Nagar, Raipur District Raipur (C.G.) PIN

492015 ... Respondents (Cause title is taken from Case Information System)

For Petitioners : Mr. K. Rohan, Advocate For Respondents/State : Mr. R. S. Marhas, Addl. Adv. General CAV Order By Bibhu Datta Guru, J.

1. By the present writ petition, the petitioners sought a relief to hold that the action of the respondent authorities in issuance of the impugned order dated 15.12.2023 bearing No.F 19-02/2020/25-1(Part) (Annexure – P/2) whereby the State of Chhattisgarh has removed and terminated the services of the petitioners herein in utter and flagrant violation and non- compliance of the provisions of the Chhattisgarh Rajya Anusuchit Janjati Ayog (Sansodhan) Adhiniyam, 2020 is bad in law. The petitioners also sought a relief to issue a writ of certiorari quashing and setting aside the impugned order dated 15.12.2023 (Annexure – P/2).

2. (i) The facts of the case, as projected in the writ petition, are that the erstwhile State of Madhya Pradesh had enacted the Madhya Pradesh Rajya Anusuchit Janjati Ayog Adhiniyam, 1995. Pursuant to reorganisation of the State of Madhya Pradesh, the State of Chhattisgarh was carved out on 01.11.2000. In the light of provisions of the Madhya Pradesh Re-organisation Act, 2000, the State of Chhattisgarh vide Gazette Notification dated 02.09.2002 substituted the Names: "Madhya Pradesh" with "Chhattisgarh" and "Bhopal" with "Raipur", Thus, now the Madhya Pradesh Rajya Anusuchit Janjati Ayog Adhiniyam, 1995 is known a