Chhattisgarh High Court

Absorbability of Project Workers Into Successive Government Schemes Requires Objective Consideration of Previous Experience and Skill.

Heera Paikra & Others v. State of Chhattisgarh & Others [2026:CGHC:10605]

Chhattisgarh High CourtJUDGMENT: no citation2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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 4

They were paid a monthly honorarium that transitioned from ₹700 to ₹2000.

Source reference: para 4

Following 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 4

The petitioners sought absorption into State government employment or continuation in subsequent literacy schemes.

Source reference: para 3

During 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 9
02

Issues

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, 6

Whether 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, 10
03

Law 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 4

This 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 Kadir

Furthermore, 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 4
04

Reasoning

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 9

The 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 9

Recognizing 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 10
05

Holding

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 10

The 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 10
Chhattisgarh High Court

Original Court PDF

Heera Paikra & Others v. State of Chhattisgarh & Others [2026:CGHC:10605]

Chhattisgarh High Court · no citation

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment