Facts
The petitioners were appointed as coordinators (Preraks) under the "Sakshar Bharat Karyakram," a Central Government scheme aimed at adult literacy, and served from approximately 2009 to 2017.
Source reference: para 4They were paid a monthly honorarium that transitioned from ₹700 to ₹2000.
Source reference: para 4Following the cessation of the original scheme in 2017, the petitioners challenged a letter dated 15.05.2017 issued by the Union of India (Respondent No. 4) which refused to enhance their honorarium and signaled the end of their engagement.
Source reference: para 4The petitioners sought absorption into State government employment or continuation in subsequent literacy schemes.
Source reference: para 3During the pendency of the litigation, the State replaced the defunct scheme with "Padhna Likhna Abhiyan" (2020) and subsequently "Nav Bharat Saksharta Karyakarm" (2022–2027), which involve similar functions.
Source reference: para 9Issues
Whether the petitioners, having been appointed under a specific time-bound scheme, have a legal right to be absorbed into regular government service or transitioned into a successor scheme.
Source reference: para 4, 6Whether the experience gained by the petitioners during their tenure under the previous scheme entitles them to preferential consideration or continuation as long as the nature of the task remains perennial.
Source reference: para 4, 10Law Applied
The Court primarily relied on the principles of service jurisprudence regarding ad-hoc appointments under government schemes as articulated in Mohd. Abdul Kadir and Others v. Director General of Police, Assam and Others (2009) 6 SCC 611.
Source reference: para 4This precedent establishes that while ad-hoc employees under a scheme do not have a right to regularization or security of tenure, they should not be subjected to artificial breaks or annual terminations if the scheme/task is continuing.
Source reference: para 4, citing Mohd. Abdul KadirFurthermore, the Court acknowledged the principle that while courts cannot make policy, they can act as catalysts for policy changes when public interest is involved.
Source reference: para 4Reasoning
The Court observed that while the original "Sakshar Bharat Karyakram" under which petitioners were appointed has technically ended, the State Government has launched successor programs—most recently "Nav Bharat Saksharta Karyakarm"—which involve "functions similar in nature".
Source reference: para 9The Court reasoned that the petitioners, having served for nearly eight years (2009–2017), have acquired "significant skills and experience" that constitute an "additional asset" for the State in implementing current literacy programs.
Source reference: para 9Recognizing that the new scheme is slated to run from 2022 to 2027, the Court found it equitable to direct the respondents to objectively evaluate the petitioners' past experience and suitability rather than dismissing their claims outright due to the termination of the original scheme.
Source reference: para 10Holding
The Court disposed of the writ petitions without granting the prayer for automatic absorption.
Instead, it granted liberty to the petitioners to file a formal representation to the Collector and the Member Secretary of the Rajya Saksharta Samiti Pradhikaran (Respondents No. 2 & 5) within 30 days.
Source reference: para 10The Court directed said authorities to decide on the representation within 120 days, "objectively taking into account the previous experience and skill" of the petitioners and the legal principles laid down in Mohd. Abdul Kadir.
Source reference: para 10Original Court PDF
Heera Paikra & Others v. State of Chhattisgarh & Others [2026:CGHC:10605]
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