01Facts
The petitioners were appointed as "Preraks" (coordinators) under the "Sakshar Bharat Karyakram," a Central Government scheme aimed at adult education.
¶ 4They served from 2009 to 2017 on an honorarium basis.
¶ 4The dispute arose following a letter dated 15.05.2017 from the Union of India (Respondent No. 4) refusing to enhance honorariums and threatening termination as the scheme's tenure drew to a close.
¶ 3, 4While the original scheme ended, the State Government transitioned to subsequent programs: "Padhna Likhna Abhiyan" (2020) and "Nav Bharat Saksharta Karyakarm" (2022–2027), which involve similar functions.
¶ 9The petitioners sought absorption or continuation in these new schemes based on their eight years of experience.
¶ 402Issues
i.Whether the petitioners, appointed under a specific scheme, have a right to be continued or absorbed in subsequent schemes performing similar functions.
¶ 4, 6ii.Whether the respondents are obligated to consider the petitioners' prior experience and skills when staffing current educational programs.
¶ 7, 903Law Applied
The Court primarily relied on the principles of service jurisprudence regarding scheme-based employment established by the Supreme Court in *Mohd. Abdul Kadir v. Director General of Police, Assam* (2009) 6 SCC 611.
¶ 4This precedent holds that ad-hoc appointments under a scheme should generally continue as long as the scheme itself continues to avoid the "agony and anxiety" of annual terminations.
¶ 4, citation of *Kadir* para 17It further establishes that while courts cannot make policy, they act as catalysts to ensure authorities attend to issues of public interest and tenure security for staff performing perennial tasks.
¶ 4, citation of *Kadir* para 2004Reasoning
The Court observed that although the "Sakshar Bharat Karyakram" technically ended, the respondent State admitted in its return that it was replaced by functionally identical schemes, currently the "Nav Bharat Saksharta Karyakarm" (2022–2027).
¶ 9The Court reasoned that the petitioners, having worked from 2009 to 2017, possess "significant skills and experience" that constitute an "additional asset" to the State Government for the success of such programs.
¶ 9By applying the logic in *Mohd. Abdul Kadir*, the Court determined that the respondents should objectively evaluate the petitioners' suitability for current schemes rather than summarily excluding them, provided they meet the criteria and the work remains perennial in nature.
¶ 9, 1005Holding
The Court disposed of the writ petitions without granting immediate absorption but provided specific procedural relief.
¶ 10It granted the petitioners liberty to submit representations to the Collector (Respondent No. 2) and the Rajya Saksharta Samiti Pradhikaran (Respondent No. 5) within 30 days.
¶ 10The Competent Authority is directed to decide on these representations within 120 days, taking into account the petitioners' previous experience, skills, and the legal principles regarding scheme-based tenure laid down in the *Mohd. Abdul Kadir* judgment.
¶ 10, 11Original Court PDF
Heera Paikra & Others v. State of Chhattisgarh & Others [2026:CGHC:10605; WPS No. 2995 of 2017]
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