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2026 Supreme(Online)(Chh) 19049
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Rakesh Mohan Pandey, J
Fulwati – Appellant
Versus
State Of Chhattisgarh – Respondent
WPS No. 8484 of 2022|WPS No. 8490 of 2022
For the Appellants/Petitioners: Abhinav Dubey
For the Respondents: Rishabh Chandra Singh Deo, Anuradha Jain, Akansha Jain
The court granted liberty to petitioners to approach authorities for appointment to posts of Cook/Watchman upon the availability of future vacancies, acknowledging that immediate appointment is not possible in the absence of vacancies.
Headnote:The matter involves the request of petitioners for reappointment to the posts of Cook and Watchman under the Rashtriya Madhyamik Shiksha Abhiyan Scheme after their services were discontinued in the financial year 2021-22 due to lack of funds and vacancies. The petitioners sought a direction to the authorities to consider their claims upon the emergence of future vacancies. The primary issue was whether the petitioners could be appointed in the absence of existing vacancies and the funding status of the central scheme. The court observed that currently, an absence of vacancy prevents immediate appointment but acknowledged the petitioners' request for future consideration. With the aforesaid direction(s) / observation(s), both the petitions are disposed of.
| Table of Content |
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| 1. petitioners seek reappointment after service discontinuation due to lack of vacancy and funds under a government scheme. (Para 1 , 2 , 3) |
| 2. grant of liberty to seek appointment upon future vacancy when current vacancies are non-existent. (Para 4 , 5 , 6) |
Order on Board
1. Mr. Abhinav Dubey, learned counsel appearing for the petitioners would submit that the petitioners were appointed on the post of Cook and Watchman in Kasturba Gandhi Balika Awasiya Vidyalaya under Rashtriya Madhyamik Shiksha Abhiyan Scheme some times in the year 2012. He would contend that the services of the petitioners were on collector rate and their services were discontinued in financial year 2021-22. He would submit that out of 06 petitioners, 01 have already been offered appointment to the post of Cook and Watchman, whereas 05 are still out of job. It is contended by Mr. Abhinav Dubey that 05 petitioners have not been considered for appointment for want of vacancy. He would submit that liberty may be granted to remaining 05 petitioners to approach the respondent authorities as and when vacancy arises and a direction may be issued to said authorities to consider the claims of the petitioners.
2. On the other hand, learned counsel appearing for the respective respondents would oppose.
3. Ms. Anuradha Jain, learned counsel appearing for the respective respondents would submit that 05 petitioners namely- Smt. Geeta Paikra, Smt. Sanbasiya and Smt. Vimla in WPS No. 8484/2022 and 02 petitioners in WPS No. 8490/2022 namely- Smt. Silmaniya and Manisha Yadav could not be appointed in absence of vacancy with the department. She would submit that Rashtriya Madhyamik Shiksha Abhiyan Scheme was floated by the Central Government and funds were not allotted in financial year 2021-22, therefore, the services of all the 06 petitioners were discontinued.
4. I have heard learned counsel for the parties and perused the documents.
5. Taking into consideration the fact that the petitioners namely- Smt. Geeta Paikra; Smt. Sanbasiya; Smt. Vimla; Smt. Silmaniya and Manisha Yadav have not been considered for appointment to the post of Cook/Watchman in absence of vacancy, both the petitions, at this juncture, are disposed of reserving liberty in favour of those petitioners to approach the respondent authorities as and when vacancy arises. The respondent authorities shall consider the claims of the petitioner in accordance with law, if vacancy arises in near future.
6. With the aforesaid direction(s) / observation(s), both the petitions are disposed of
