Chhattisgarh High Court

Authorities must objectively consider experienced ad-hoc scheme employees for appointment in subsequent similar government schemes.

Heera Paikra & Others v. State of Chhattisgarh & Others [2026:CGHC:10605; WPS No. 2995 of 2017]

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

Facts

The petitioners were appointed as "Preraks" (coordinators) under the "Sakshar Bharat Karyakram," a Central Government scheme aimed at adult education.

Source reference: para 4

They served from 2009 to 2017 on an honorarium basis.

Source reference: para 4

The 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.

Source reference: para 3, 4

While 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.

Source reference: para 9

The petitioners sought absorption or continuation in these new schemes based on their eight years of experience.

Source reference: para 4
02

Issues

Whether the petitioners, appointed under a specific scheme, have a right to be continued or absorbed in subsequent schemes performing similar functions.

Source reference: para 4, 6

Whether the respondents are obligated to consider the petitioners' prior experience and skills when staffing current educational programs.

Source reference: para 7, 9
03

Law 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.

Source reference: para 4

This 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.

Source reference: para 4, citation of *Kadir* para 17

It 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.

Source reference: para 4, citation of *Kadir* para 20
04

Reasoning

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).

Source reference: para 9

The 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.

Source reference: para 9

By 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.

Source reference: para 9, 10
05

Holding

The Court disposed of the writ petitions without granting immediate absorption but provided specific procedural relief.

It 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.

Source reference: para 10

The 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.

Source reference: para 10, 11
Chhattisgarh High Court

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Heera Paikra & Others v. State of Chhattisgarh & Others [2026:CGHC:10605; WPS No. 2995 of 2017]

Chhattisgarh High Court · no citation

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