Chhattisgarh High Court

### Former Scheme Appointees Entitled to Consideration for Re-engagement in Perennial Successor Schemes

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 "Preraks" (coordinators) under the Central Government scheme "Sakshar Bharat Karyakram" between 2009 and 2017

Source reference: para. 4

Their duties involved conducting door-to-door adult education classes in various districts of Chhattisgarh

Source reference: para. 4

The scheme, initially funded by the Central Government, was subsequently replaced by the "Padhna Likhna Abhiyan" in 2020, and later by the "Nav Bharat Saksharta Karyakarm" in 2022

Source reference: para. 9

Following the cessation of the original scheme in 2017, the petitioners' services were not continued, and their requests for honorarium enhancement and absorption into State Government employment were not met

Source reference: para. 3, 4

The petitioners challenged a letter dated 15.05.2017 issued by the Union of India which refused honorarium increases and threatened termination

Source reference: para. 4
02

Issues

1. Whether the petitioners, having been appointed under a specific government scheme, have a right to continuation or absorption into subsequent schemes performing similar functions

Source reference: para. 4, 7

2. Whether the respondents can be directed to consider the petitioners' prior experience and skills for appointments under the currently active "Nav Bharat Saksharta Karyakarm"

Source reference: para. 7, 10
03

Law Applied

The Court primarily applied 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: 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 generally be continued as long as the specific scheme continues to avoid the "agony and local vicissitudes of annual termination"

Source reference: para. 4

Furthermore, the court noted that while judiciary cannot make policy, it can act as a "catalyst" for policy changes in matters involving public interest

Source reference: para. 4
04

Reasoning

The Court observed that although the original "Sakshar Bharat Karyakram" had technically ended, the State's return admitted that the current "Nav Bharat Saksharta Karyakarm" (effective 2022–2027) involves functions similar in nature to the previous scheme

Source reference: para. 9

The Court reasoned that the petitioners, having served from 2009 to 2017, possess "significant skills and experience" that constitute an "additional asset" for the State in implementing current educational programs

Source reference: para. 9

By applying the logic from *Mohd. Abdul Kadir*, the Court determined that the respondents are obligated to objectively evaluate the petitioners' suitability for the new scheme rather than summarily dismissing their decade of service

Source reference: para. 10
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 and the Member Secretary of the Rajya Saksharta Samiti Pradhikaran (Respondents No. 2 and 5) within 30 days

Source reference: para. 10

The Competent Authority was directed to pass a speaking order within 120 days of receipt, objectively considering the petitioners' previous experience, skills, and suitability in light of the legal principles cited

Source reference: para. 10
Chhattisgarh High Court

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

Chhattisgarh High Court · no citation

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