DEV SINGH PAIKRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since common question of law and fact is involved in this batch of writ petitions, therefore they have been heard together and are being decided by this common order.

(2.) Petitioners were appointed on contract basis on the post of Gram Rozgar Sahayak under the Scheme under Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (in short 'MNREGA'). They have called in question the advertisement dated 08/01/2014 (Annexure P/1) issued by Zila Panchayat, Jashpur inviting applications for the post of Rozgar Sahayak including the posts already held by the petitioners on contract basis for a period of one year in all the writ petitions except in WPS Nos. 2615/2014 and 2647/2014. In these two writ petitions, the petitioners have challenged the legality and validity of memo dated 19/05/2014 (Annexure P/1 in those writ petitions) issued by the Collector-cum-Programming Co-ordinate, Surguja by which it has been directed to the Chief Executive Officer, Janpad Panchayat, Lakhanpur-Surguja for recruitment of Rozgar Sahayak on contract basis under MNREGA Scheme. As such, in sum and substance, the new/fresh recruitment on the post of Rozgar Sahayak sought to be made by Zila Panchayat, Jashpur and Janpad Panchayat, Lakhanpur-Surguja has been called in question. Since detailed return has been filed in WPS No. 472/2014, it is taken as the lead case.

(3.) The case of the petitioners is that they are working on the post of Gram Rozgar Sahayak for the year running from 2006-2007 on contractual basis and there is no complaint against the conduct of the petitioners but without any intimation to them, they have been sought to be replaced by other contractual employees which is totally impermissible in law in line with the decision rendered by the Supreme Court in the matter of Hargurpratap Singh v. State of Punjab , 2007 13 SCC 292, therefore, the advertisement dated 08/01/2014 (Annexure P/1) is liable to be set aside in this batch of writ petitions and in WPS Nos. 2615/2014 and 2647/2014, memo dated 19/05/2014 (Annexure P/1) is liable to be set aside.