Chhattisgarh High Court

Experience in discontinued government schemes warrants objective consideration for appointment in subsequent similar schemes.

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

Chhattisgarh High Court2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners were appointed as coordinators (*Preraks*) on an honorarium basis under the "Sakshar Bharat Karyakram," a Central Government scheme aimed at providing adult education

Source reference: p. 34-35

They served from approximately 2009 until 2017, during which time their honorarium was marginally increased from Rs. 700 to Rs. 2,000

Source reference: p. 35

In 2017, following a communication from the Union of India (Respondent No. 4) dated 15.05.2017, the petitioners faced termination as the specific scheme neared completion and their requests for honorarium enhancement were refused

Source reference: p. 34

The petitioners approached the High Court seeking absorption into state employment, continuation of service, and minimum wage parity, arguing that subsequent schemes like "Nav Bharat Saksharta Karyakarm" (2022–2027) performed identical functions

Source reference: p. 34-36
02

Issues

1. Whether the petitioners, appointed under a specific time-bound scheme, have a legal right to be absorbed or continued in service under subsequent, similar schemes floated by the State

Source reference: p. 34-36

2. Whether the experience and tenure of the petitioners under a concluded scheme must be objectively considered by the authorities for appointments in new educational programs

Source reference: p. 36
03

Law Applied

The Court primarily relied on the principles of service jurisprudence regarding ad-hoc appointments under government schemes as established in *Mohd. Abdul Kadir and others v. Director General of Police, Assam and others* (2009) 6 SCC 611

Source reference: p. 35

The core doctrine specifies that while ad-hoc employees under a scheme do not have a right to regularization or security of tenure, they should generally be continued as long as the specific scheme exists to avoid the "agony and vicisitudes" of artificial breaks in service

Source reference: p. 35-36

Furthermore, the Court noted that while policy-making is an executive prerogative, the judiciary acts as a "catalyst" when public interest necessitates a policy change or objective consideration of experienced personnel

Source reference: p. 36
04

Reasoning

The Court observed that although the original "Sakshar Bharat Karyakram" had officially ended, the State’s own return admitted that it had been replaced by successive programs—namely "Padhna Likhna Abhiyan" in 2020 and "Nav Bharat Saksharta Karyakarm" in 2022—which involve functions of a similar nature

Source reference: para. 9

The Court reasoned that the petitioners had acquired significant "skills and experience" over eight years of service (2009–2017), which should be viewed as an "additional asset" for the State in implementing current educational programs

Source reference: para. 9

While acknowledging that the petitioners cannot claim appointment as a matter of course after a scheme's expiration, the Court determined that the principles in *Mohd. Abdul Kadir* require the State to act objectively rather than mechanically terminating experienced staff when the underlying task remains perennial

Source reference: para. 6
05

Holding

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

The Court granted the petitioners liberty to submit fresh 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 was directed to pass an objective decision within 120 days, specifically considering the petitioners' "previous experience, skills, and suitability" for the current "Nav Bharat Saksharta Karyakarm" (running 2022–2027) in light of the cited Supreme Court precedents

Source reference: para. 9-10
Chhattisgarh High Court

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

Chhattisgarh High Court

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