Chattisgarh High CourtShalini Singh vs State Of Chhattisgarh on 3 March, 2022Author:Sanjay K. AgrawalBench:Sanjay K. Agrawal1\n\n                                                                     AFR\n         HIGH COURT OF CHHATTISGARH AT BILASPUR\n             Writ Petition (S) No. 6033 of 2021\n1. Ashish     Kumar        Chandrakar      S/o     Late   Doman    Lal\n  Chandrakar Aged About 33 Years Training Officer,\n  Govt. Industrial Training Institute, Dongargarh\n  District Rajnandgaon Chhattisgarh\n\n2. Gopendra Kumar Dewangan S/o Bharat Singh Dewangan\n  Aged      About     46    Years       Training    Officer,      Govt.\n  Industrial          Training           Institute,       Dongargarh\n  District Rajnandgaon Chhattisgarh\n\n3. Jhabalesh      Kumar Sahu S/o Tirath Ram Sahu Aged\n  About 36 Years Training Officer, Govt. Industrial\n  Training        Institute,           Raipur      District     Raipur\n  Chhattisgarh\n\n4. Dharmendra Kumar Verma S/o Uday Bhanoo Verma Aged\n  About 43 Years Training Officer, Govt. Industrial\n  Training          Institute,           Patan      District       Durg\n  Chhattisgarh\n\n                                                   ­­­­ Petitioners\n                              Versus\n1. State     Of     Chhattisgarh         Through    The   Secretary,\n  Department         Of      Skill       Development,      Technical\n  Education         And    Employment,       Mantralaya       Mahanadi\n  Bhawan      Atal         Nagar       Raipur,     District    Raipur\n  Chhattisgarh\n\n2. General        Administration            Department         Through\n  Secretary, Mahanadi Bhawan Raipur District Raipur\n  Chhattisgarh\n\n3. The     Director        Directorate       Of     Employment      And\n  Training Indravati Bhavan Block 04 First Floor\n  Naya Raipur Chhattisgarh\n                                      2\n\n4. Joint         Director          (Training)              Establishment\n  Directorate Of Employment And Training Indravati\n  Bhavan      Block       04     First           Floor     Naya        Raipur\n  Chhattisgarh\n\n                                                     ­­­­ RespondentsWPS No. 5899 of 2021Vinita Janardan D/o Sakha Ram Janardan Aged About\n  33 Years Occupation Service, Currently Posted As\n  Training         Officer       In        Government           Iti      Durg\n  Chhattisgarh, R/o Plot No. 2934, Manjula Niwas,\n  Ward     No.     61,     Nahar         Road,     Tikrapara,         Raipur\n  Chhattisgarh., District : Raipur, Chhattisgarh\n\n                                                     ­­­­ Petitioner\n                               Versus1. State      Of      Chhattisgarh               Through        Secretary,\n  Department         Of     Skill         Development,           Technical\n  Education         And      Employment            Mahanadi           Bhawan,\n  Mantralaya,        Nawa      Raipur,      Atal     Nagar,       District\n  Raipur         Chhattisgarh.,            District         :         Raipur,\n  Chhattisgarh2. Director        Technical         Education       Employment           And\n  Training,        Block       ­4,       First     Floor,        Indrawati\n  Bhawan, Nawa Raipur, Atal Nagar, District Raipur\n  Chhattisgarh., District : Raipur, Chhattisgarh3. Principal       Industrial        Training       Institute,         Durg,\n  District       Durg     Chhattisgarh.,           District       :     Durg,\n  Chhattisgarh\n\n                                                    ­­­­ RespondentsWPS No. 5907 of 2021Sunil Kumar Garhewal S/o Shri Dhanau Ram Garhewal\n  Aged About 33 Years Presently Posted At Training3Officer (W C S And E D) Govt. Adarsh I T I Koni\n  Bilaspur       Chhattisgarh         R/o       Village         Post   Munund\n  District Janjgir Champa Chhattisgarh\n\n                                                       ­­­­ Petitioner\n                               Versus1. State    Of    Chhattisgarh          Through           The    Secretary,\n  Department       Of    Man     Power          Planning        Mantralaya,\n  Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh2. Director Directorate Of Employment And Training,\n  Indrawati       Bhawan       Block     4       First       Floor,        Naya\n  Raipur, Atal Nagar District Raipur Chhattisgarh3. Joint     Director           (Trainee)             Directorate               Of\n  Employment And Training, Indrawati Bhawan Block 4\n  First    Floor,       Naya    Raipur,         Atal      Nagar     District\n  Raipur Chhattisgarh\n\n                                                      ­­­­ RespondentsWPS No. 5960 of 2021Chandra    Prakash       Kashyap      S/o          Shri    Pratap        Singh\n  Kashyap Aged About 35 Years Presently Posted At\n  Training       Officer       (Copa)       I    T    I     Govt.      I    T   I\n  Suregaon, District Balod, Chhattisgarh, R/o C/o\n  Mr   Satish       Tiwari,       Hari          Niwas       College         Road\n  Arjunda, District Balod, Chhattisgarh, District :Balod, Chhattisgarh\n\n                                                       ­­­­ Petitioner\n                               Versus1. State    Of    Chhattisgarh          Through           The    Secretary,\n  Department       Of    Man     Power          Planning        Mantralaya,\n  Mahanadi         Bhawan,            Naya           Raipur,           Raipur,\n  Chhattisgarh, District : Raipur, Chhattisgarh42. Director, Directorate Of Employment And Training,\n  Indrawati      Bhawan         Block     4    First     Floor,     Naya\n  Raipur,        Atal           Nagar,         District           Raipur,\n  Chhattisgarh, District : Raipur, Chhattisgarh3. Joint     Director            (Trainee)         Directorate         Of\n  Employment And Training Indrawati Bhawan Block 4\n  First Floor, Naya Raipur, Atal Nagar, District\n  Raipur,        Chhattisgarh,            District         :     Raipur,\n  Chhattisgarh\n\n                                                   ­­­­ RespondentsWPS No. 5962 of 2021Mithlesh Sonkhutiya S/o Shri Gumani Ram Sonkutiya\n  Aged About 33 Years Presently Posted At­ Training\n  Officer (Wcs/ed), Govt. Iti Durg (Chhattisgarh)\n  R/o Opposite Hirwani Petrol Pump House Number 49\n  Ward     Number    02    Nh     930    Gurur,      District­      Balod\n  (Chhattisgarh)\n\n                                                     ­­­­ Petitioner\n                                Versus1. State    Of   Chhattisgarh            Through     The       Secretary,\n  Department        Of    Man     Power       Plaining     Mantralaya,\n  Mahanadi          Bhawan             Naya      Raipur,          Raipur\n  (Chhattisgarh)2. Director Directorate Of Employment And Training\n  Indrawati      Bhawan         Block     4    First     Floor,     Naya\n  Raipur, Atal Nagar District Raipur (Chhattisgarh)3. Joint     Director            (Trainee)         Directorate         Of\n  Employment And Training, Indrawati Bhawan Block 4\n  First     Floor,       Naya    Raipur,      Atal    Nagar     District\n  Raipur (Chhattisgarh)\n\n                                                   ­­­­ Respondents5WPS No. 5980 of 2021Santosh Kumar Sahu S/o Late Ramprakash Sahu Aged\n  About    35    Years    Presently        Posted      At    Training\n  Officer (Ictsm), Government Women Iti Bhilai ,\n  District Durg Chhattisgarh, R/o House No. D 265 ,\n  Phase 2, Ramagreen City, Khamtarai Road, Bilaspur\n  ,   District     Bilaspur      Chhattisgarh.,         District       :Bilaspur, Chhattisgarh\n\n                                                ­­­­ Petitioner\n                           Versus1. State   Of    Chhattisgarh       Through      The        Secretary,\n  Department       Of    Man    Power    Planning       Mantralaya,\n  Mahanadi       Bhawan,        Naya       Raipur       ,         Raipur\n  Chhattisgarh., District : Raipur, Chhattisgarh2. Director Directorate Of Employment And Training ,\n  Indrawati Bhawan Block 4 First Floor, Naya Raipur\n  , Atal Nagar District Raipur Chhattisgarh.3. Joint     Director          (Trainee)        Directorate           Of\n  Employment And Training Indrawati Bhawan Block 4\n  First Floor, Naya Raipur , Atal Nagar, District\n  Raipur Chhattisgarh.­­­­ RespondentsWPS No. 5997 of 2021Nisha    Verma    (Nayak)      D/o    Gulab    Dev    Nayak       Aged\n  About    35    Years    Occupation­       Service,         Currently\n  Posted    As   Training      Officer     In    Government         Iti,\n  Mana,    District­      Raipur    Chhattisgarh,           R/o    House\n  No. 54/1310, Pallavi Vihar, Rohinipuram, Raipur,\n  Chhattisgarh, District : Raipur, Chhattisgarh\n\n                                                ­­­­ Petitioner\n                           Versus61. State      Of      Chhattisgarh           Through        Secretary\n  Department         Of    Skill        Development,        Technical\n  Education         And     Employment,        Mahanadi        Bhawan\n  Mantralaya,       Nawa Raipur,         Atal Nagar,        District­\n  Raipur,       Chhattisgarh,            District       :     Raipur,\n  Chhattisgarh2. Director     Technical          Education    Employment        And\n  Training, Block­4, First Floor, Indrawati Bhawan,\n  Nawa     Raipur,        Atal     Nagar,     District­       Raipur,\n  Chhattisgarh, District : Raipur, Chhattisgarh3. Principal       Industrial      Training    Institute,      Mana,\n  District­         Raipur,      Chhattisgarh,         District     :Raipur, Chhattisgarh\n\n                                               ­­­­ RespondentsWPS No. 6010 of 2021Seema Yadav D/o Late Shri Satish Yadav Aged About\n  31 Years Occupation­ Service, Currently Posted As\n  Training      Officer       In       Government      Iti,   Saddu,\n  Raipur,      Chhattisgarh,           R/o   Baigapara,       Trishul\n  Chowk, Ward No. 6, Ganjpara Durg, District­ Durg,\n  Chhattisgarh, District : Durg, Chhattisgarh\n\n                                                ­­­­ Petitioner\n                              Versus1. State      Of      Chhattisgarh           Through        Secretary\n  Department         Of    Skill        Development,        Technical\n  Education         And     Employment,        Mahanadi        Bhawan\n  Mantralaya,       Nawa Raipur,         Atal Nagar,        District­\n  Raipur,       Chhattisgarh,            District       :     Raipur,\n  Chhattisgarh2. Director     Technical          Education    Employment        And\n  Training, Block­4, First Floor, Indrawati Bhawan,7Nawa     Raipur,        Atal        Nagar,     District­        Raipur,\n  Chhattisgarh, District : Raipur, Chhattisgarh3. Principal Industrial Training Institute, Raipur,\n  District­         Raipur,       Chhattisgarh,           District      :Raipur, Chhattisgarh\n\n                                                  ­­­­ RespondentsWPS No. 6023 of 2021Shradha Gupta W/o Shiv Kumar Gupta Aged About 35\n  Years    Occupation         Service,         Currently     Posted    As\n  Training         Officer       In     Government         Iti,     Mana,\n  District     Raipur        (C.G.),      R/o     H­17,    Sai    Vatika\n  Colony,     Devpuri,         Raipur      (C.G.),         District     :\n  Raipur, Chhattisgarh\n\n                                                   ­­­­ Petitioner\n                              Versus1. State      Of      Chhattisgarh              Through         Secretary\n  Department         Of      Skill       Development,           Technical\n  Education         And      Employment,          Mahanadi        Bhawan\n  Mantralaya,        Nawa     Raipur,      Atal     Nagar,      District\n  Raipur (C.G.), District : Raipur, Chhattisgarh2. Director    Technical          Education         Employment        And\n  Training, Block­4, First Floor, Indrawati Bhawan,\n  Nawa Raipur, Atal Nagar, District Raipur (C.G.),\n  District : Raipur, Chhattisgarh3. Pricipal    Industrial         Training        Institute,        Mana,\n  District     Raipur         (C.G.),          District     :     Raipur,\n  Chhattisgarh\n\n                                                  ­­­­ Respondents8WPS No. 6034 of 2021Gunja Dewangan D/o Suresh Dewangan Aged About 33\n  Years Occupation­ Service,                    Currently       Posted    As\n  Training     Officer        In        Government        Iti,      Saddu,\n  Raipur,     District­          Raipur         (Chhattisgarh),          R/o\n  Gandhi Nagar, Pandri, Near Radha­Krishna Temple,\n  Raipur      (Chhattisgarh),              District         :      Raipur,\n  Chhattisgarh\n\n                                                    ­­­­ Petitioner\n                             Versus1. State      Of     Chhattisgarh               Through          Secretary\n  Department        Of      Skill        Development,            Technical\n  Education        And      Employment,            Mahanadi         Bhawan\n  Mantralaya,       Nawa Raipur,           Atal Nagar,           District­\n  Raipur      (Chhattisgarh),              District         :      Raipur,\n  Chhattisgarh2. Director    Technical           Education        Employment           And\n  Training, Block­4 First Floor, Indrawati Bhawan\n  Nawa     Raipur,       Atal          Nagar,     District­         Raipur\n  (Chhattisgarh), District : Raipur, Chhattisgarh3. Principal Industrial Training Institute, Raipur,\n  District­        Raipur     (Chhattisgarh),             District        :Raipur, Chhattisgarh\n\n                                                   ­­­­ RespondentsWPS No. 6042 of 2021Shalini Singh W/o Anil Kumar Singh Aged About 34\n  Years     Occupation       Service        Currently           Posted   As\n  Training Officer In Government Iti, Saddu, Raipur\n  District     Raipur     (C.G.),         R/o    D­3,   Avani       Vihar,\n  Daldal    Seoni,       Mowa,     Raipur       (C.G.),     District      :Raipur, Chhattisgarh\n\n                                                    ­­­­ Petitioner9Versus1. State     Of     Chhattisgarh         Through          Secretary\n  Department       Of     Skill      Development          Technical\n  Education       And     Employment,         Mahanadi       Bhawan\n  Mantralaya,      Nawa    Raipur     Atal     Nagar,      District\n  Raipur (C.G.), District : Raipur, Chhattisgarh2. Director,      Technical       Education    Employment        And\n  Training, Block 4, First Floor, Indrawati Bhawan,\n  Nawa Raipur, Atal Nagar, District Raipur (C.G.),\n  District : Raipur, Chhattisgarh3. Principal,     Industrial       Taining    Institute      Saddu,\n  Raipur,      District     Raipur     (C.G.),        District     :Raipur, Chhattisgarh\n\n                                               ­­­­ RespondentsWPS No. 6073 of 2021Durgesh Kumar Sahu, S/o Ashok Sahu, Aged About 34\n  Years Occupation ­ Service, Currently Posted As\n  Training Officer In Miti Koni, Bilaspur (C.G.),\n  R/o Balram Singh Plot, Yadunandan Nagar, Tifra,\n  Bilaspur      Chhattisgarh,        District     :       Bilaspur,\n  Chhattisgarh\n\n                                               ­­­­ Petitioner\n                           Versus1. State     Of     Chhattisgarh         Through          Secretary\n  Department       Of     Skill     Development,          Technical\n  Education       And     Employment,         Mahanadi       Bhawan\n  Mantralaya, Nawa Raipur, Atal Nagar, District ­\n  Raipur       Chhattisgarh,         District         :     Raipur,\n  Chhattisgarh2. Director,      Technical       Education    Employment        And\n  Training, Block­4, First Floor, Indrawati Bhawan,10Nawa     Raipur,        Atal     Nagar,       District       ­       Raipur\n  Chhattisgarh        Chhattisgarh.,            District       :    Raipur,\n  Chhattisgarh3. Principal, Industrial Training Institute, Koni,\n  Bilaspur,         District            Bilaspur      Chhattisgarh.,\n  District : Bilaspur, Chhattisgarh\n\n                                                   ­­­­ RespondentsWPS No. 6123 of 2021Preeti      Shrivastava           D/o     Late      Rakesh            Kumar\n  Shrivastav         Aged        About     32     Years        Occupation\n  Service, Currently Posted As Training Officer In\n  Government          Iti,         Mana,         District              Raipur\n  Chhattisgarh, R/o Near Anmol, Hardware, Sector ­\n  2,       Deendayal             Upadhyay          Nagar,              Raipur\n  Chhattisgarh., District : Raipur, Chhattisgarh\n\n                                                    ­­­­ Petitioner\n                             Versus1. State      Of      Chhattisgarh           Through           Secretary,\n  Department         Of     Skill        Development,           Technical\n  Education         And      Employment,           Mahanadi            Bhawan\n  Mantralaya,        Nawa    Raipur,       Atal     Nagar,         District\n  Raipur       Chhattisgarh.,             District         :        Raipur,\n  Chhattisgarh2. Director        Technical       Education        Employment            And\n  Training,        Block     ­    4,     First     Floor,      Indrawati\n  Bhawan, Nawa Raipur, Atal Nagar, District Raipur\n  Chhattisgarh., District : Raipur, Chhattisgarh3. Principal       Industrial       Training       Institute,           Durg,\n  District     Durg       Chhattisgarh.,          District         :    Durg,\n  Chhattisgarh\n\n                                                   ­­­­ Respondents11WPS No. 6133 of 20211. Yogeshwari Verma W/o Rishi Verma Aged About 40\n  Years    Occupation­        Service      Currently           Posted   As\n  Training Officer In Government Iti, Saddu, Raipur\n  District ­ Raipur Chhattisgarh. R/o Bhumiya Post,\n  Sarora         Gosadan,        Block­Tilda        Neora,        Raipur\n  Chhattisgarh.­­­­ Petitioner\n                             Versus1. State     Of       Chhattisgarh              Through        Secretary\n  Department        Of      Skill       Development,           Technical\n  Education        And      Employment,          Mahandadi         Bhawan\n  Mantralaya,       Nawa     Raipur,       Atal    Nagar       District­\n  Raipur Chhattisgarh.2. Director,       Technical        Education       Employment          And\n  Training, Block­4, First Floor, Indrawati Bhawanm\n  Nawa     Raipur,         Atal        Nagar,     District         Raipur\n  Chhattisgarh.3. Principal, Industrial Training Institute, Raipur\n  District­Raipur Chhattisgarh.­­­­ RespondentsWPS No. 6192 of 2021Smt. Aradhna Nath W/o Shri Deepankar Nath Aged\n  About     38     Years    Presently       Posted        At    Training\n  Officer        (Rac),     Iti­Govt.       Iti      Koni       Bilaspur\n  Chhattigarh        R/o     Miti       Colony      Koni,       Bilaspur\n  District Bilaspur Chhattisgarh\n\n                                                   ­­­­ Petitioner\n                             Versus1. State    Of     Chhattisgarh         Through     The        Secretary,\n  Department        Of     Man     Power        Planning,       Mahanadi12Bhawan,        Mantralaya,       Atal       Nagar,   Naya     Raipur\n  District Raipur Chhattisgarh2. Director Directorate Of Employment And Training,\n  Indrawati       Bhawan,        Block    4    First   Floor,     Naya\n  Raipur District Raipur Chhattisgarh3. Joint       Director          (Trainee)         Directorate      Of\n  Employment And Training, Indrawati Bhawan, Block\n  4    First      Floor,    Naya       Raipur      District     Raipur\n  Chhattisgarh\n\n                                                   ­­­­ RespondentsWPS No. 6194 of 2021Praful Kumar Shah S/o Shri Kamta Prasad Shah Aged\n  About     35    Years     Presently         Posted   At     Training\n  Officer (It And Esm), Govt. Iti, Kurud, District\n  Dhamtari Chhattisgarh R/o Village Darrabhatha, P.\n  O.   Mudpar,      Via    Jairamnagar,         District      Bilaspur\n  Chhattisgarh\n\n                                                   ­­­­ Petitioner\n                             Versus1. State    Of    Chhattisgarh           Through    The     Secretary,\n  Department        Of     Man     Power       Planning,      Mahanadi\n  Bhawan,        Mantralaya,       Atal       Nagar,   Naya     Raipur\n  District Raipur Chhattisgarh2. Director Directorate Of Employment And Training,\n  Indrawati       Bhawan,        Block    4    First   Floor,     Naya\n  Raipur District Raipur Chhattisgarh3. Joint       Director          (Trainee)         Directorate      Of\n  Employment And Training, Indrawati Bhawan, Block\n  4    First      Floor,    Naya       Raipur      District     Raipur\n  Chhattisgarh\n\n                                                   ­­­­ Respondents13WPS No. 6267 of 20211. Jayanti Markande S/o Shri Ukha Ram Markande Aged\n  About      32    Years     Presently           Posted       At      Training\n  Officer (Electrician), Iti Name Govt. Iti Balod\n  District        Balod      R/o     C/o        Subhash       Chand         Kurre\n  Village         Umarpoti        Tehsil        Durg,       District         Durg\n  Chhattisgarh., District : Durg, Chhattisgarh2. Ved     Prakash    Chandrawanshi              S/o       Shri      Bain     Lal\n  Chandrawanshi           Aged      About        34       Years      Presently\n  Posted At Training Officer (Rac) Iti Name Govt.\n  Iti Chhuriya Chhattisgarh. R/o Village And Post\n  Mendha, Tehsil Dongargarh, District Rajnandgaon\n  Chhattisgarh.,                 District             :          Rajnandgaon,\n  Chhattisgarh\n\n                                                       ­­­­ Petitioners\n                                 Versus1. State     Of    Chhattisgarh           Through          The       Secretary,\n  Department         Of     Man     Power        Planing          Mantralaya,\n  Mahanadi           Bhawan,             Naya         Raipur,            Raipur\n  Chhattisgarh., District : Raipur, Chhattisgarh2. Director Directorate Of Employment And Training,\n  Indrawati        Bhawan,        Block     4     First       Floor,         Naya\n  Raipur,           Atal          Nagar,          District              Raipur\n  Chhattisgarh., District : Raipur, Chhattisgarh3. Joint      Director            (Trainee)               Directorate          Of\n  Employment And Training, Indrawati Bhawan Block 4\n  First     Floor,        Naya    Raipur,        Atal      Nagar      District\n  Raipur          Chhattisgarh.,            District             :     Raipur,\n  Chhattisgarh\n\n                                                       ­­­­ Respondents14WPS No. 6269 of 20211. Bhupendra Kumar Sahu S/o Shri Narottam Ram Sahu\n  Aged      About    36     Years        Presently          Posted    At    ­\n  Training        Officer        (Wcs      And        Ed)     Govt.        Iti\n  Wadrafnagar (Chhattisgarh) R/o Village / Post ­\n  Khopli,        Durg,      District           Durg     (Chhattisgarh),\n  District : Durg, Chhattisgarh2. Ravikiran        Bhardwaj       D/o     Shri        Rajendra        Kumar\n  Bhardwaj Aged About 38 Years Presently Posted At\n  ­ Training Officer (Wcs And Ed) Govt. Iti Arang\n  (Chhattisgarh)           R/o    Q.No.         G/106,       Nit     Campus,\n  Raipur,           District            Raipur          (Chhattisgarh),\n  District : Raipur, Chhattisgarh\n\n                                                      ­­­­ Petitioners\n                             Versus1. State    Of     Chhattisgarh          Through        The       Secretary,\n  Department        Of     Man    Power        Planning       Mantralaya,\n  Mahanadi          Bhawan,             Naya          Raipur,         Raipur\n  (Chhattisgarh), District : Raipur, Chhattisgarh2. Director, Directorate Of Employment And Training,\n  Indrawati       Bhawan,        Block     4     First       Floor,     Naya\n  Raipur,           Atal          Nagar          District             Raipur\n  (Chhattisgarh), District : Raipur, Chhattisgarh3. Joint      Director           (Trainee),           Directorate          Of\n  Employment And Training, Indrawati Bhawan, Block\n  4 First Floor, Naya Raipur, Atal Nagar District\n  Raipur         (Chhattisgarh),           District           :      Raipur,\n  Chhattisgarh\n\n                                                      ­­­­ RespondentsWPS No. 6271 of 20211. Yogesh    Kumar       Singh    Kshatri        S/o     Shri      Surendra\n  Singh Aged About 44 Years Presently Posted At15Training Officer (Electrician), Govt. Iti Dabhra,\n  R/o      Govt.    Iti     Dabhra,        Near       Degree      College,\n  Dabhra,     District          Janjgir    Champa        Tehsil     Dabhra\n  District Janjgir Champa Chhattisgarh., District :Janjgir­Champa, Chhattisgarh2. Anjulata      Dhiwar     W/o     Shri       Ashwani       Dhiwar   Aged\n  About     42     Years     Presently         Posted     At      Training\n  Officer        (Wcs      And     Ed),        Miti     Koni       Bilaspur\n  Chhattisgarh. R/o T ­ 36/2, Miti Colony, Koni,\n  Bilaspur,         District            Bilaspur        Chhattisgarh.,\n  District : Bilaspur, Chhattisgarh\n\n                                                      ­­­­ Petitioners\n                                Versus1. State    Of     Chhattisgarh          Through       The       Secretary,\n  Department        Of     Man     Power       Planing       Mantralaya,\n  Mahanadi          Bhawan,             Naya       Raipur,           Raipur\n  Chhattisgarh., District : Raipur, Chhattisgarh2. Director Directorate Of Employment And Training,\n  Indrawati        Bhawan        Block     4    First     Floor,      Naya\n  Raipur, Atal Nagar District Raipur Chhattisgarh.,\n  District : Raipur, Chhattisgarh3. Joint      Director           (Trainee)            Directorate        Of\n  Employment And Training, Indrawati Bhawan Block 4\n  First     Floor,       Naya    Raipur,       Atal     Nagar     District\n  Raipur         Chhattisgarh.,            District          :     Raipur,\n  Chhattisgarh\n\n                                                      ­­­­ RespondentsWPS No. 6273 of 20211. Jyoti Bhagat D/o Shri Ranku Ram Bhagat Aged About\n  36 Years Presently Posted At ­ Training Officer\n  (Copa), Government Iti Bemetara Chhattisgarh, R/o\n  ­ W/o Prakash Chandra Prasad Ward No 10, Infront16Of   Bit,      Kobiya       Tehsil­        Bemetara       District    ­\n  Bemetara.2. Sajani   Deshlahara D/o Shri                  Sitaram    Deshlahara,\n  Aged About 35 Years Presently Posted At ­Traning\n  Officer        (Wcs/ed),           Government            Iti      Bhilai\n  Chhattisgarh.        R/o      ­     House       No.      301    Block­B\n  Dindayal       Colony       Khamharkiya           Junwani        Bhilai,\n  Police Station Smriti Naagar, District Durg.­­­­ Petitioners\n                              Versus1. State    Of   Chhattisgarh          Through        The       Secretary,\n  Deparment       Of     Man        Power        Planing        Mantralaya\n  Mahanadi        Bhawan,             Naya         Raipur,          Raipur\n  Chhattisgarh.2. Director Directorate Of Employment And Training,\n  Indrawti Bhawan Block 4 First Floor, Naya Raipur,\n  Atal Nagar District Raipur Chhattisgarh.3. Joint      Director         (Trainee),            Directorate        Of\n  Employment And Training, Indrawati Bhawan Block 4\n  First     Floor,     Naya    Raipur,        Atal      Nagar    District\n  Raipur Chhattisgarh.­­­­ RespondentsWPS No. 6274 of 20211. Savita Singh D/o Shri Ramdev Singh, Aged About 32\n  Years     Presently         Posted        At     Training        Officer\n  (Fitter), Govt.         Iti Parpodi,             District Bemetara\n  (Chhattisgarh) R/o House No. 810, Front Of Adarsh\n  Hospital,          Milan          Chowk,         Camp­2,          Bhilai\n  Chhattisgarh          Tehsil         Durg,         District         Durg\n  Chhattisgarh, District : Durg, Chhattisgarh2. Vindheshwari Singh, W/o Shri Dr. P.L. Shori, Aged\n  About     43   Years       Presently        Posted       At    Training17Officer          (Fitter),              Govt.        In             Ambikapur\n  (Chhattisgarh) R/o Pradhan Gali, Mission Chowk,\n  Ambikapur        Tehsil         Ambikapur,         District           Surguja\n  Chhattisgarh,         District          :       Surguja       (Ambikapur),\n  Chhattisgarh\n\n                                                      ­­­­ Petitioners\n                               Versus1. State    Of    Chhattisgarh            Through       The          Secretary,\n  Department       Of       Man    Power          Planning       Mantralaya,\n  Mahanadi          Bhawan,              Naya        Raipur,             Raipur\n  Chhattisgarh, District : Raipur, Chhattisgarh2. Director, Directorate Of Employment And Training,\n  Indrawati        Bhawan         Block       4    First        Floor,       Naya\n  Raipur, Atal Nagar, District Raipur Chhattisgarh,\n  District : Raipur, Chhattisgarh3. Joint     Director             (Trainee),          Directorate              Of\n  Employment And Training, Indrawati Bhawan, Block\n  4 First Floor, Naya Raipur, Atal Nagar, District\n  Raipur         Chhattisgarh,             District             :       Raipur,\n  Chhattisgarh\n\n                                                      ­­­­ RespondentsWPS No. 6278 of 20211. Omprakash Dewangan S/o Shri Shiv Kumar Dewangan\n  Aged     About       34    Years        Presently         ­       Posted     At\n  Training Officer (Wcs And Ed) Government I.T.I.\n  Dondilohara,         District ­ Balod Chhattisgarh                          R/o\n  ­Village       And    Post       ­Kapasda         Tehsil       ­    Dhamdha,\n  District Durg Chhattisgarh.2. Kamaleshwar Patel, S/o Shri Kun Ram Patel Aged\n  About     33    Years       Presently           Posted        At    Training\n  Officer         (Welder)           Government              Iti         Dabhra\n  Chhattisgarh.         R/o       Phathamuda         Talab       Ke    Saamne,18Kahrapara,      Post­Jute           ­Mill,     District          Raigarh\n  Chhattisgarh.­­­­ Petitioners\n                              Versus1. State    Of   Chhattisgarh          Through       The        Secretary,\n  Department      Of     Man     Power       Planing        Mantralaya,\n  Mahanadi        Bhawan,             Naya       Raipur,            Raipur\n  Chhattisgarh.2. Director Directorate Of Employment And Training,\n  Indrawati      Bhawan       Block     4      First    Floor,       Naya\n  Raipur, Atal Nagar District Raipour Chhattisgarh.3. Joint     Director          (Trainee),           Directorate         Of\n  Employment And Training, Indrawati Bhawan Block 4\n  First    Floor,      Naya    Raipur,       Atal     Nagar      District\n  Raipur Chhattisgarh.­­­­ RespondentsWPS No. 6282 of 20211. Surendra Dewangan S/o Late Hemlal Dewangan Aged\n  About     36   Years    Presently          Posted        At     Training\n  Officer    (Electronics) Govt.               Iti Kurud Dhamtari\n  Chhattisgarh.        R/o      Lane     No.     03     Waed       No­16,\n  Tulsipur Near Kabir Mandir Rajnandgaon, District\n  Rajnandgaon Chhattisgarh.­­­­ Petitioner\n                              Versus\n• State     Of   Chhattisgarh          Through       The        Secretary,\n  Department      Of     Man     Power       Planing        Mantralaya,\n  Mahanadi Bahwan Naya Raipur, Raipur Chhattisgarh.• Director, Directorate Of Employment And Training,\n  Indrawati      Bhawan       Block     4      First    Floor,        Naya\n  Raipur, Atal Nagar District Raipur Chhattisgarh.19• Joint        Director          (Trainee)           Directorate         Of\n  Employment And Training Indrawti Bhawan Block 4\n  First    Floor,       Naya     Raipur,         Atal    Nagar    District\n  Raipur Chhattisgarh.­­­­ RespondentsWPS No. 6287 of 20211. Set   Prakash Yadav S/o Shri Kanhaiya Lal Yadav\n  Aged About 33 Years Presently Posted At Training\n  Officer,       (Fitter)       Govt.     Iti       Kunkuri,      District\n  Jashpur        Chhattisgarh          R/o        Shri    Krishna      Puri\n  Amleshwar,           Village     Amleshwar,             Block      Patan,\n  Opposite        Green        Earth      City,          District      Durg\n  Chhattisgarh2. Hemeshwari Sonwani D/o Shri Bishnu Das Sonwani\n  Aged About 37 Years Presently Posted At Training\n  Officer (Wcs And Ed) Govt. Iti Kurud Chhattisgarh\n  R/o    Hig     B12    Janta     Colony          Lakholi      Rajnandgaon\n  Tehsil         Rajnandgaon             District              Rajnandgaon\n  Chhattisgarh\n\n                                                     ­­­­ Petitioners\n                               Versus1. State    Of    Chhattisgarh           Through         The    Secretary,\n  Department       Of     Man     Power          Planning      Mantralaya,\n  Mahanadi Bhawan, Naya Raipur Raipur Chhattisgarh2. Director Directorate Of Employment And Training,\n  Indrawati       Bhawan,        Block       4    First     Floor,    Naya\n  Raipur       Atal      Nagar,        Raipur        District        Raipur\n  Chhattisgarh3. Joint       Director          (Trainee)           Directorate         Of\n  Employment And Training, Indrawati Bhawan, Block204 First Floor, Naya Raipur Atal Nagar, District\n  Raipur Chhattisgarh\n\n                                                    ­­­­ RespondentsWPS No. 6292 of 20211. Neetu Deshalahare D/o Shri Kanakram Deshalahare\n  Aged About 36 Years Presently Posted At Training\n  Officer (Copa)govt. Iti Dhamdha (Chhattisgarh),\n  R/o   H.    No.     382/      Kh­     Tilak     Ward    No.    7   Berla,\n  Tehsil      Berla,       District      Bemetara,         Chhattisgarh,\n  District : Bemetara, Chhattisgarh2. Archana Toppo D/o Phildius Toppo Aged About 38\n  Years      Presently          Posted       At     Training         Officer\n  (Electrician) Govt. Iti. Ambikapur, Chhattisgarh\n  R/o Ward No. 8 Funduldihari Beechpara Infront Of\n  Ganbesh         Kirana     Store,       Post/tehsil           Ambikapur,\n  Gandhinagar District Sarguja, District : Surguja\n  (Ambikapur), Chhattisgarh\n\n                                                    ­­­­ Petitioners\n                                Versus1. State     Of    Chhattisgarh          Through         The    Secretary,\n  Department        Of     Man     Power        Planning        Mntralaya,\n  Mahanadi          Bhawan,           Naya         Raipur,           Raipur,\n  Chhattisgarh, District : Raipur, Chhattisgarh2. Director Directorate Of Employment And Training\n  Indrawati        Bhawan,       Block­4          First    Floor,      Naya\n  Raipur, Atal Nagar District Raipur, Chhattisgarh,\n  District : Raipur, Chhattisgarh3. Joint      Director           (Trainee),            Directorate        Of\n  Employment And Training Indrawati Bhawan, Block­4\n  First      Floor,      Naya    Raipur,        Atal     Nagar   District\n  Raipur, Chhattisgarh\n\n                                                    ­­­­ Respondents21WPS No. 6294 of 20211. Indira Naik W/o Shri Umesh Patel Aged About 33\n  Years     Presently          Posted        At     Training         Officer\n  (Ictsm),       Iti     Name     Govt.       Iti     Koni      Bilaspur,\n  Chhattisgarh,          R/o    Miti        Colony    Koni       Bilaspur,\n  Police    Station       Koni     Tehsil         Bilaspur,      District\n  Bilaspur,       Chhattisgarh,             District        :    Bilaspur,\n  Chhattisgarh2. Rajpati Mehta W/o Shrimithlesh Mehta Aged About\n  36   Years     Presently       Posted       At     Training        Officer\n  (Sender) Govt. Iti. Ambikapur, Chhattisgarh R/o\n  Village        Digma     Sai      Baba          College       Ke     Pass,\n  Tehsil/post            Ambikapur,            District           Surguja,\n  Chhattisgarh,          District       :     Surguja       (Ambikapur),\n  Chhattisgarh\n\n                                                     ­­­­ Petitioners\n                               Versus1. State    Of    Chhattisgarh          Through       The       Secretary,\n  Department       Of     Man     Power       Planning          Mntralaya,\n  Mahanadi         Bhawan,          Naya           Raipur,           Raipur,\n  Chhattisgarh,2. Director Directorate Of Employment And Training\n  Indrawati       Bhawan,        Block­4          First     Floor,      Naya\n  Raipur, Atal Nagar District Raipur, Chhattisgarh,\n  District : Raipur, Chhattisgarh3. Joint     Director           (Trainee),           Directorate          Of\n  Employment And Training Indrawati Bhawan, Block­4\n  First    Floor,       Naya    Raipur,       Atal     Nagar     District\n  Raipur,        Chhattisgarh,              District        :        Raipur,\n  Chhattisgarh\n\n                                                     ­­­­ Respondents22WPS No. 6388 of 2021Mamta Banjare W/o Shri Uttam Prasad Banjare Aged\n  About     35    Years     Presently        Posted    At     Training\n  Officer     (Copa)      Govt.    Iti   Tedesara,         Rajnandgaon\n  Chhattisgarh       R/o    Village      Shirvadheeh,         Pucheli,\n  Mungeli,        Tehsil      Pathariya,        District       Mungeli\n  Chhattisgarh\n\n                                                 ­­­­ Petitioner\n                              Versus1. State    Of    Chhattisgarh         Through       The    Secretary,\n  Department       Of   Man    Power     Planning,         Mantralaya,\n  Mahanadi Bhawan, Atal Nagar Nawa Raipur District\n  Raipur Chhattisgarh2. Director Directorate Of Employment And Training,\n  Indrawati       Bhawan,      Block     4    First    Floor,     Naya\n  Raipur District Raipur Chhattisgarh3. Joint      Director         (Trainee)         Directorate        Of\n  Employment And Training, Indrawati Bhawan, Block\n  4   First       Floor,    Naya       Raipur    District       Raipur\n  Chhattisgarh\n\n                                                 ­­­­ RespondentsWPS No. 6393 of 20211. Anand Kumar Minz S/o Shri Pushnath Ram Minz, Aged\n  About    35     Years    Presently         Posted    At­    Training\n  Officer (Fitter), Govt. In Kartala Chhattisgarh\n  R/o Qtr.No. G1­Sf6 Rajaswa Colony Kartala Police\n  Station        Kartala    District         Korba     Chhattisgarh,\n  District : Korba, Chhattisgarh2. Rekha Kanwar D/o Shri Madan Singh Aged About 31\n  Years     Presently         Posted     At     Training       Officer\n  (Machinist), Govt. Iti Korba (Chhattisgarh) R/o\n  Q.No.     H­20     Iti      Colony     Rampur       Korba     49567723Chhattisgarh          Tehsil        Korba,      District        Korba\n  Chhattisgarh., District : Korba, Chhattisgarh\n\n                                                 ­­­­ Petitioners\n                           Versus1. State    Of    Chhattisgarh         Through     The       Secretary,\n  Department       Of    Man     Power       Planning    Mantralaya,\n  Mahanadi         Bhawan,            Naya       Raipur,         Raipur\n  Chhattisgarh, District : Raipur, Chhattisgarh2. Director, Directorate Of Employment And Training,\n  Indrawati       Bhawan       Block     4     First    Floor,    Naya\n  Raipur, Atal Nagar, District Raipur Chhattisgarh,\n  District : Raipur, Chhattisgarh3. Joint     Director          (Trainee),         Directorate        Of\n  Employment And Training, Indrawati Bhawan Block 4\n  First Floor, Naya Raipur, Atal Nagar, District\n  Raipur         Chhattisgarh,          District         :      Raipur,\n  Chhattisgarh\n\n                                                  ­­­­ RespondentsWPS No. 6442 of 20211. Rajendra Kumar Singh S/o Samar Singh, Aged About\n  36 Years Presently Posted At­ Training Officer\n  (Fitter), .Iti. Pali Dist. Korba (Chhattisgarh)\n  R/o Vill­ Nawa Gaon (Kala) Tahsil/thana­ Darri,\n  District­ Korba (Chhattisgarh)2. Awdhesh Kumar Baghel S/o Shri Kartik Ram Baghel\n  Aged About 33 Years Presently Posted At­ Training\n  Officer    (Wcs/ed),         Iti     Name­    Govt.    Iti     Bhilai\n  (Chhattisgarh) R/o H.No.­223 Sonumuda Kali Mandir\n  Raigarh Cg Pin 496001 Tehsil­ Raigarh, District­\n  Raigarh (Chhattisgarh)\n\n                                                 ­­­­ Petitioners24Versus1. State   Of   Chhattisgarh         Through      The   Secretary,\n        Department    Of    Man     Power       Planning      Mantralaya,\n        Mahanadi       Bhawan,           Naya      Raipur,         Raipur\n        (Chhattisgarh)2. Director, Directorate Of Employment And Training,\n        Indrawati Bhawan Block 4 Floor, Naya Raipur, Atal\n        Nagar District Raipur (Chhattisgarh)3. Joint     Director       (Trainee),           Directorate    Of\n        Employment And Training Indrawati Bhawan Block 4\n        First    Floor,    Naya    Raipur,      Atal    Nagar   District\n        Raipur (Chhattisgarh)\n\n                                                     ­­­­ Respondents\n\n\n\n    For Petitioners        :­ Mr. Uttam Pandey,\n                              Mr. Faisal Akhtar and\n                              Mr. Sourabh Sahu, Advocates\n    For State              :­ Mr. Amrito Das, Addl. A.G. and\n                              Mr. Sandeep Dubey, Dy. A.G.\n\n\n\n\n             Hon'ble Shri Justice Sanjay K. Agrawal\n                         Order on Board\n03/03/20221. Since common question of law and fact is involved\n\n        in all these writ petitions, they have been heard\n\n        together and are being decided by this common\n\n        order.2. Petitioners, who are in total 32 in number, have\n\n        been appointed on the post of Training Officers\n\n        by the Joint Director, Employment and Training25vide order dated 10/01/2013 (Annexure P/2) and\n\n  after       successful         completion         of       two   years     of\n\n  service, they have been confirmed on the post of\n\n  Training Officers vide Annexure P/6.3. By way of these writ petitions, petitioners have\n\n  called in question the show cause notice dated\n\n  06/10/2021        (Annexure          P/1) issued           by respondent\n\n  No. 3 by which it has been held that since the\n\n  appointment of the petitioners made on the post\n\n  of Training Officer vide order dated 10/01/2013\n\n  (Annexure      P/2)       is    not      in     accordance       with     the\n\n  provisions contained under Chhattisgarh Lok Seva\n\n  (Anusuchit Jatiyon, Anusuchit Janjatiyon aur Anya\n\n  Pichhde      Vargon       ke    liye       Aarakshan)        Niyam,      1998\n\n  (hereinafter         'Rules         of    1998'),      therefore,          by\n\n  virtue of Section 14 of Chhattisgarh Lok Seva\n\n  (Anusuchit Jatiyon, Anusuchit Janjatiyon aur Anya\n\n  Pichhde Vargon ke liye Aarakshan) Adhiniyam, 1994\n\n  (hereinafter 'Act of 1994'), their appointment is\n\n  voidable      for    which          their      explanation       has     been\n\n  sought by the impugned notice (Annexure P/1).4. It   is    the     case       of    the       petitioners       that    the\n\n  impugned      show    cause         notice       (Annexure       P/1)     has\n\n  been       issued    to    them          all    of     a    sudden     after\n\n  completion of 8 years of service and moreover,26since they have been confirmed on the post of\n\n  Training        Officers,     their     services      cannot     be\n\n  dispensed with/terminated without giving them a\n\n  reasonable opportunity of being heard in terms ofArticle 311(2)of the Constitution of India, as\n\n  such, the said show cause notice deserves to be\n\n  quashed.5. A     detailed     return     has     been     filed    by     the\n\n  respondents/State stating inter alia that since\n\n  at the time of appointment of the petitioners,\n\n  the Rules of 1998 which provide for reservation\n\n  for Scheduled Castes, Scheduled Tribes and Other\n\n  Backward        Classes,      have     not     been     followed,\n\n  therefore,        their     appointment       is   voidable      by\n\n  virtue of Section 14 of the Act of 1994 for which\n\n  show cause notice dated 06/10/2021 (Annexure P/1)\n\n  has been served to the petitioners seeking their\n\n  explanation to which they are required to file\n\n  reply     and     the   instant       writ    petitions,      being\n\n  premature, deserve to be dismissed.6. Mr.    Uttam     Pandey,    Mr.     Faisal    Akhtar    and    Mr.\n\n  Sourabh         Sahu,       learned      counsel        for     the\n\n  petitioners, would submit that petitioners have\n\n  been appointed as Training Officers on 10/01/2013\n\n  (Annexure P/2) and they have also been confirmed27on the said post after successful completion of\n\n      two years of service (Annexure P/6) but now after\n\n      completion            of    8     years     of     service,          their\n\n      appointment has been held to be voidable and only\n\n      the impugned show cause notice dated 06/10/2021\n\n      (Annexure P/1) has been issued to them seeking\n\n      their explanation although the State Government\n\n      has already made up its mind that petitioners'\n\n      appointment is voidable. They would also submit\n\n      that      since        petitioners          have     already          been\n\n      confirmed,         their        services    cannot    be    dispensed\n\n      with/terminated without following the provisions\n\n      contained          underArticle        311(2)of    the\n\n      Constitution of India and rely upon the decision\n\n      rendered      by      the    Constitution         Bench    of    Supreme\n\n      Court in the matter of Moti Ram Deka v. General\n\n      Manager, North East Frontier Railway1.They would\n\n      further submit that the objection raised by the\n\n      respondents/State with regard to maintainability\n\n      of the writ petition is without merit in view of\n\n      the decision of the Supreme Court in the matter\n\n      ofSiraj Ahmad              v. State of Uttar Pradesh and\n\n      Another2.They        would       further    rely     upon       the\n\n      decisions rendered by the Supreme Court in the\n\n1 AIR 1964 SC 600\n2 2019 SCC Online SC 161328matters ofState of Karnataka and Others v. M.L.\n\n      Kesari      and    Others3,Siemens       Ltd.    v.    State    of\n\n      Maharashtra and Others4andOryx Fisheries (P)\n\n      Ltd. v. Union of India5.7. Mr.     Amrito      Das,     learned           Additional     Advocate\n\n      General for the respondents/State, would submit\n\n      that the impugned notice (Annexure P/1) is simply\n\n      a show cause notice issued to the petitioners\n\n      calling their explanation in view of the fact\n\n      that their appointment is in teeth of provisions\n\n      contained         under     the        Rules     of    1998    and     in\n\n      consequence thereof, their appointment (Annexure\n\n      P/6) on the post of Training Officers is voidable\n\n      in accordance with Section 14 of the Act of 1994\n\n      and no definite opinion has been formed by the\n\n      State      Government        about       the     services      of     the\n\n      petitioners being voidable, as such, this batch\n\n      of    writ       petitions,        being       premature,      is     not\n\n      maintainable.          He     would            also    submit        that\n\n      petitioners are at liberty to file reply to the\n\n      show cause notice which will be considered and\n\n      decided         absolutely    in       accordance      with    law.    He\n\n      would further submit that reasonable opportunity\n\n\n3 (2010) 9 SCC 247\n4 (2006) 12 SCC 33\n5 (2010) 13 SCC 42729of hearing is being granted to the petitioners in\n\n   the form      of show     cause     notice   by   which   their\n\n   explanation has been called and it is not the\n\n   case that an order has been passed holding that\n\n   petitioners'      appointment       is voidable, as such,\n\n   these writ petitions deserve to be dismissed.8. I     have heard learned counsel for the parties,\n\n   considered their rival submissions made herein­\n\n   above and went through the records with utmost\n\n   circumspection.9. The first question for consideration would be,\n\n   whether this batch of writ petitions, as framed\n\n   and filed, against the impugned show cause notice\n\n   dated 06/10/2021 (Annexure P/1) is maintainable ?10. In    order to answer the aforesaid question, it\n\n   would be appropriate to notice the show cause\n\n   notice dated 06/10/2021 (Annexure P/1) which has\n\n   been called in question in all of these writ\n\n   petitions. It states as under :­\n\n                  ससच चलनचलय ररजगचर एवस पशशकण,\n                          (पशशकण पक)\n               इस द चवतत भवन, बललक ­04, पथम तल\n                 नवच रचयपपर अटल नगर, छततसगढ़\n   कमचसक ऍफ़ 19­11/ससररप/सथचप­प/गरप./2021/(पचटर        1)/3352/नवच\n   रचयपपर अटल नगर, ददनचसक : 06/10/2021\n   पशत,\n          शत आशतष कप मचर चसदचकर30पशशकण अशधकचरत\n         शचसककय आदरशगक पशशकण सससथच डडगरगढ़\n         शजलच ­ रचजनचसदगचव (छततसगढ़)\n                  ::­ कचरण बतचओ ससच नच ::­\n\n\n               वषर 2010 मम 723 पशशकण अशधकचरतयड कक भतर कक शलए\n   जचरत शवजचपन कक आधचर पर आपकक शनयपशक पशशकण अशधकचरत कक पद पर\n   वषर 2013 मम हई हह | उक शनयपशक मम शवजचपन ददनचसक कर छततसगढ़\n   लरक सकवच (अनपससशचत जचशतयड, अनपससशचत जनजचशतयड और अनय शपछड़क\n   वगर कक शलए आरकण) शनयम 1998 लचगस थच | आपकक शनयपशक मम उक\n   शनयम कच पचलन नहह दकयच गयच हह | उक शनयम कच पचलन नहह दकयक\n   जचनक कक शसथशत मम शनमचनपसचर पचवधचन हह :"छततसगढ़ लरक सकवच (अनपससशचत जचतत, अनपससशचत\n   जनजचशतयड और अनय शपछड़क वगर कक शलए आरकण) अशधशनयम, 1994\n   कक धचरच­14 मम यह उललकशखत हह कक इस अशधशनयम कक पचरमभ हरनक कक\n   पशचतत इस अशधशनयम कक उपबसधड कक उललसघन मम कक गई समसत शनयपशकयचस\n   शसनयकरणतय हरगत|"2/ अतत कयड न आपकक सकवचयक उपररक अशधशनयम/शनयमड कक पररपककय मम\n   समचप कक जचएए ? ततससबसध मम आप नररटस पचशप कक 15 ददवस कक भततर\n   अपनच सपषतकरण पसतपत करम | शनधचरररत अवशध मम जवचब पचप नहह हरनक\n   पर यह समझच जचवकगच कक इस समबनध मम आपकर कप छ नहह कहनच एवस\n   शनयमचनपसचर एक पकतय कचयरवचहत कक जचवकगत |\n                                                    सहत /­\n                                                   ससचचलक\n                                              ररजगचर एवस पशशकण11. A   focused   glance   of    the   aforesaid   show     cause\n\n   notice would show that though it has been styled\n\n   as a show cause notice, but in paragraph 1, it\n\n   has clearly been observed that the appointment\n\n   for the post of Training Officers held in the\n\n   year 2013 has not been made in accordance with\n\n   the rules of reservation contained in the Rules\n\n   of 1998 as the said provision for reservation has\n\n   not been complied with and then it has been held\n\n   that as per Section 14 of the Act of 1994, any31appointment made in violation of the provisions\n\n   contained      under    the       Act        of       1994    would      be\n\n   voidable. Thereafter, explanation has been sought\n\n   from the petitioners as to why their services\n\n   should not be terminated. The said show cause\n\n   notice has been branded as an order passed with a\n\n   predetermined mind to terminate the services of\n\n   the    petitioners      by    learned             counsel      for      the\n\n   petitioners, however, it has been countered by\n\n   learned Additional Advocate General appearing for\n\n   the    respondents/State          stating          that      it    is    an\n\n   opportunity of hearing given to the petitioners\n\n   in    the   form   of   a    show       cause         notice      seeking\n\n   explanation from the petitioners as to why their\n\n   services may not be terminated and as such, the\n\n   writ petitions are not maintainable.12. At this stage, it would be pertinent to notice\n\n   the decision rendered in the matter ofSeimens\n\n   Ltd.(supra)     wherein       their       Lordships           of    the\n\n   Supreme Court have held that although ordinarily\n\n   a writ court may not exercise its discretionary\n\n   jurisdiction       in   entertaining              a    writ       petition\n\n   questioning a notice to show cause unless the\n\n   same   inter    alia    appears         to    have      been      without\n\n   jurisdiction, however, it has to be considered32from a different angle, when a notice is issued\n\n      with     premeditation,      a    writ   petition   would     be\n\n      maintainable.          It   has   been   observed   by   their\n\n      Lordships in paragraphs 9 and 10 as under :­\n\n             "9.Although ordinarily a writ court may not\n             exercise its discretionary jurisdiction in\n             entertaining a writ petition questioning a\n             notice to show cause unless the same inter alia\n             appears to have been without jurisdiction as\n             has been held by this Court in some decisions\n             includingState of Uttar Pradesh v. Brahm Datt\n             Sharma and Anr.6,Special Director and Another\n             v. Mohd. Ghulam Ghouse and Another7andUnion\n             of    India    and   Another    v.    Kunisetty8Satyanarayana, but the question herein has to\n             be considered from a different angle, viz, when\n             a notice is issued with pre­meditation, a writ\n             petition would be maintainable.In such an\n             event, even if the courts directs the statutory\n             authority to hear the matter afresh, ordinarily\n             such hearing would not yield any fruitful\n             purpose [SeeK.I. Shephard and Others v. Union\n             of India and Others9]. It is evident in the\n             instant case that the respondent has clearly\n             made up its mind. It explicitly said so both in\n             the counter affidavit as also in its purported\n             show cause.10. The said principle has been followed by\n             this Court inV.C. Banaras Hindu University\n             and Ors. v. Shrikant10, stating:"48. The Vice Chancellor appears to have\n                  made up his mind to impose the punishment\n                  of dismissal on the Respondent herein. A\n                  post decisional hearing given by the High\n                  Court was illusory in this case.49.InK.I. Shephard & Ors.v. Union          of\n                  India & Ors.(supra), this Court held :'It is common experience that once a\n                      decision   has  been   taken,  there is\n                      tendency    to    uphold    it   and  a\n                      representation may not really yield any\n                      fruitful purpose.'"6 (1987) 2 SCC 179\n7 (2004) 3 SCC 440\n8 (2006) 12 SCC 28\n9 (1987) 4 SCC 431\n10 (2006) 11 SCC 423313. Similarly,    in    the      matter       ofOryx    Fisheries(supra), it has been held by their Lordships of\n\n   the Supreme Court as under :­\n\n         "23. Relying on the underlined portions\n         in the show­cause notice, the learned\n         counsel for the appellant urged that even\n         at the stage of the show­cause notice the\n         third respondent has completely made up\n         his   mind   and    reached   a   definite\n         conclusion about the alleged guilt of the\n         appellant.   This    has    rendered   the\n         subsequent proceedings an empty ritual\n         and an idle formality.24. This Court finds that there is a lot\n         of substance in the aforesaid contention.\n         It is well settled that a quasi­judicial\n         authority, while acting in exercise of\n         its statutory power must act fairly and\n         must act with open mind while initiating\n         a show­cause proceeding. A show­cause\n         proceeding is meant to give the person\n         proceeded     against    a     reasonable\n         opportunity  of   making   his  objection\n         against the proposed charges indicated in\n         the notice."14. Reverting to the facts of the present case in\n\n   light of the principle of lawlaid down bytheir\n\n   Lordships     of    Supreme        Court   in     the    matters   ofSeimens Ltd.(supra) andOryx Fisheries(supra),\n\n   it    is   quite    vivid     that      these     writ    petitions\n\n   questioning        the    impugned         show     cause    notice\n\n   (Annexure     P/1)       would     be   maintainable        if     the\n\n   competent authority has already made up its mind\n\n   and    reached       to     the      conclusion          about     the\n\n   termination of the noticee/concerned Government34servant. If the facts of the case are examined by\n\nthe principles of lawlaid down inthe aforesaid\n\njudgments,      it    is     quite    apparent      that     in    the\n\ninstant     case,        the    Director,        Employment        and\n\nTraining        has      unilaterally           decided       rather\n\nadjudicated that at the time of appointment of\n\nthe petitioners, the Rules of 1998 providing for\n\nreservation        for     Scheduled        Castes,        Scheduled\n\nTribes and Other Backward Classes have not been\n\nfollowed and as such, their appointment, being in\n\nviolation of Section 14 of the Act of 1994, is\n\nvoidable and thereafter, he has proceeded to seek\n\nexplanation from the petitioners as to why their\n\nservices may not be terminated. Thus, the fact\n\nremains     that       the      Director,        Employment        and\n\nTraining    already        came      to   the    conclusion       that\n\npetitioners' appointment              is in violation of the\n\nRules of 1998 and consequently, it is voidable\n\nbeing in violation of Section 14 of the Act of\n\n1998. In that view of the matter, this Court is\n\nunable     to     accept       the    contention      of     learned\n\nAdditional      Advocate        General     as    the      Director,\n\nEmployment and Training has clearly recorded the\n\nfinding      of       petitioners'         appointment         being\n\nvoidable. As such, the impugned notice (Annexure35P/1)   is   not    merely       a    show    cause    notice      as   a\n\n   clear­cut     finding       has       been    recorded       by     the\n\n   Director, Employment and Training, therefore, it\n\n   is held that these writ petitions, as framed and\n\n   filed, to question the impugned show cause notice\n\n   dated 06/01/2021 (Annexure P/1), are maintainable\n\n   and the contention raised by learned Additional\n\n   Advocate     General       in        this    regard     is      hereby\n\n   rejected.15. Now, the next question for consideration would\n\n   be,      whether     petitioners,             being        confirmed\n\n   Government     servants         on    the    post     of     Training\n\n   Officers, can be subjected to termination without\n\n   affording reasonable opportunity of hearing as\n\n   contemplated        underArticle        311(2)of     the\n\n   Constitution of India ?16.Article    311(2)of    the       Constitution         of     India\n\n   provides as under :­\n\n      "311. Dismissal, removal or reduction in\n      rank   of   persons   employed   in    civil\n      capacities under the Union or a State -(1)        XXX                     XXX                  XXX\n      (2) No such person as aforesaid shall be\n      dismissed or removed or reduced in rank\n      except after an inquiry in which he has\n      been informed of the charges against him\n      and given a reasonable opportunity of being\n      heard in respect of those charges:36Provided that where it is proposed after\n      such inquiry, to impose upon him any such\n      penalty, such penalty may be imposed on the\n      basis of the evidence adduced during such\n      inquiry and it shall not be necessary to\n      give such person any opportunity of making\n      representation on the penalty proposed :Provided further that this clause shall\n      not apply ­(a) where a person is dismissed or removed\n      or reduced in rank on the ground of conduct\n      which has led to his conviction on a\n      criminal charge; or(b)   where  the   authority  empowered  to\n      dismiss or remove a person or to reduce him\n      in rank is satisfied that for some reason,\n      to be recorded by that authority in\n      writing, it is not reasonably practicable\n      to hold such inquiry; or(c) where the President or the Governor, as\n      the case may be, is satisfied that in the\n      interest of the security of the State it is\n      not expedient to hold such inquiry. "17.Article 311basically aims at providing security\n\n   of tenure to Government servants and guarantees\n\n   constitutional protection to persons employed in\n\n   civil capacities under Union and States against\n\n   arbitrary   dismissal,       removal     and    reduction    in\n\n   rank. The protection is two fold ­(a) against removal or dismissal by an authority\n\n   subordinate      to   that      by    which     employee    was\n\n   appointed, and(b) against dismissal, removal and reduction in\n\n   rank   without    giving     the     employee   a   reasonable37opportunity of being heard in an enquiry without\n\n   complying with the principles of natural justice.18. The enquiry contemplated byArticle 311(2)of the\n\n   Constitution of India is what is generally known\n\n   as a departmental enquiry and the constitutional\n\n   requirement      for     a     proper      enquiry       within        the\n\n   meaning ofArticle 311(2)are basically two fold­(i) The civil servant must be informed of the\n\n   charges against him, and(ii) He must be offered a reasonable opportunity\n\n   of being heard in respect of those charges.19. The scope of the words "dismissed" and "removed"employed underArticle 311of the Constitution of\n\n   India    came     up     for       consideration         before        the\n\n   Constitution      Bench       in    the   matter       of     Moti     Ram\n\n   Dheka    (supra)in       which      Subba    Rao,       J.,     in     his\n\n   concurring yet separate opinion, has expressed\n\n   that the said words mean nothing more or less\n\n   than    the     termination         of    the     services        of       a\n\n   person's       office.       The    effect       of   dismissal           or\n\n   removal of one from his office is to discharge\n\n   him     from    that     office       i.e.       to     bring     about\n\n   cessessation      of     service.        Thus,    the    said     words\n\n   comprehend      every     termination        of       service        of   a38Government servant.Article 311(2)in an effect\n\ntherefore lays down that before the services of a\n\nGovernment servant are so terminated, he must be\n\ngiven a reasonable opportunity of showing cause\n\nagainst     such    a     termination.           Their    Lordships\n\nfurther     held    that       there      is   no    decision     for\n\nplacing any limitation on the said expression.The   attempt      to   imply       the    said     limitation     is\n\nneither warranted by the expressions used in the\n\nArticle     or     by    the        reason     given.     If    such\n\nlimitations are imported, then it would lead to\n\nan    extraordinary           result      that       a   Government\n\nservant,    which       has    been    guilty       of   misconduct\n\nwould be entitled to a reasonable opportunity,\n\nwhereas    an    honest       Government       servant    could   be\n\ndismissed        without       any     such         protection.     A\n\nGovernment servant holding a substantive lien to\n\na permanent post cannot be removed from the said\n\npost without affording a reasonable opportunity,\n\nas is contemplated underArticle 311(2)of the\n\nConstitution of India. It is therefore evident\n\nthat the right held by a Government employee to\n\nhold a post cannot be interfered lightly in case\n\nany such proceeding is required to be undertaken,\n\nnecessary care and caution has to be ensured by39the Government, which in order to safeguard the\n\n   interest       of     a    Government        employee,          as     is\n\n   contemplated         underArticle        311(2)of        the\n\n   Constitution of India. It has been observed as\n\n   under in paragraphs 67 and 68 :­\n\n      "67. Therefore, whether the natural and\n      dictionary    meaning     of   the     words\n      "dismissal" and "removal" were adopted or\n      the limited meanings given to those words\n      by R. 49 were accepted, the result, so far\n      as a permanent employee was concerned\n      would be the same, namely, that in the\n      case of termination of services of a\n      Government   servant   outside   the   three\n      categories mentioned in the explanation,\n      it would be dismissal or removal within\n      the   meaning    ofArt.   311of   the\n      Constitution with the difference that in\n      the former the dismissed servant would not\n      be disqualified from future employment and\n      in the latter ordinarily he would be\n      disqualified from such employment.68. If so, it follows that if the services\n      of a permanent servant, which fall outside\n      the three categories mentioned in the\n      explanation, were terminated, he would be\n      entitled to protection underArt. 311 (2)of the Constitution."20. Reverting to the facts of the present case in\n\n   light of the aforesaid principle of law laid down\n\n   by their Lordships of the Supreme Court in the\n\n   matter    of     Motiram     Dheka      (supra),     it    is    quite\n\n   vivid     that      though    the       petitioners       have       been\n\n   confirmed on the post of Training Officers after\n\n   successful       completion        of    probation    period          and\n\n   without    any      alleged   misconduct       on     their      part,40their      appointment            is       sought           to     be     declared\n\nvoidable         by     the       respondents/State,                      yet     no\n\nreasonable opportunity of hearing as contemplated\n\nunderArticle 311(2)of the Constitution of India\n\nhas been provided to them except for serving show\n\ncause notice (Annexure P/1), which is absolutely\n\nillegal and bad in law. Once the petitioners have\n\nbeen appointed on the substantive post and their\n\nservices         have         been          confirmed,              if         their\n\nappointment           has        to        be     set        aside        by     the\n\nrespondents/State on any account whatsoever, the\n\nprocedure envisaged underArticle 311(2)of the\n\nConstitution of India is required to be followed\n\nand   the       petitioners           ought       to        have    been       given\n\nreasonable opportunity of being heard instead of\n\nsimply stating that since their appointment is in\n\nviolation of the Rules of 1998 read with Section\n\n14    of   the    Act       of    1994,          their       appointment          is\n\nvoidable, but no such course has been adopted and\n\nsimply      a    show       cause          notice       dated           06/10/2021\n\n(Annexure         P/1)        has           been        served           to      the\n\npetitioners.          The        petitioners,               being        confirmed\n\nGovernment        servants            on        the    post        of    Training\n\nOfficers,         are        entitled                 for        constitutional\n\nprotection guaranteed underArticle 311(2)of the41Constitution of India and their services cannot\n\n          be   terminated    without    holding     departmental\n\n          enquiry as envisaged therein. As such, this Court\n\n          is of the considered opinion that the impugned\n\n          show cause notice dated 06/10/2021 (Annexure P/1)\n\n          is in violation of petitioners' constitutional\n\n          right underArticle 311(2)of the Constitution of\n\n          India and it is hereby set aside. However, this\n\n          will not bar respondent No. 2 to proceed afresh\n\n          in accordance with law.21. Accordingly,     this   batch   of   writ   petitions   is\n\n          allowed    to the extent indicated herein­above. No\n\n          cost(s).Sd/­\n                                         (Sanjay K. Agrawal)\n                                                Judge\n\n\nHarneet42HIGH COURT OF CHHATTISGARH, BILASPUR\n         Writ Petition (S) No. 6033 of 2021\n\nPetitioners       Ashish Kumar Chandrakar & Ors.Versus\n\n\nRespondents       State of Chhattisgarh & Ors.(English)\n\n\n  A confirmed Government servant is entitled\n  for protection underArticle 311(2)of the\n  Constitution of India.(Hindi)\n\n\n  एक   सथचयत   शचसककय    सकवक   भचरततय   ससशवधचन   कक   अनपचछकद\n  311(2) कक असतगरत पदत सपरकच पचप करनक कच हक़दचर हह |