Chhattisgarh High Court

Prior scheme experience must be objectively considered for appointments in successor government literacy programs.

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

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

Facts

The petitioners (49 in the lead case and several others in connected petitions) were appointed as Coordinators (*Preraks*) under the Central Government scheme "Sakshar Bharat Karyakram" between 2009 and 2017.

Source reference: p. 33

They were appointed on an honorarium basis, initially receiving ₹700, later enhanced to ₹2000.

Source reference: p. 33

Their duties involved conducting door-to-door adult education classes.

Source reference: p. 34

In 2017, following a letter from the Union of India dated 15.05.2017, the respondents refused to further enhance the honorarium and threatened the termination of the scheme.

Source reference: p. 33

The petitioners approached the High Court seeking absorption into State government employment, continuation of service, and enhancement of honorarium to minimum wages.

Source reference: p. 33

During the pendency of the litigation, the original scheme was replaced by "Padhna Likhna Abhiyan" (2020) and subsequently "Nav Bharat Saksharta Karyakram" (2022), which remains active for the 2022–2027 period.

Source reference: p. 35
02

Issues

1. Whether the petitioners, having been appointed under a specific government scheme, have a legal right to be absorbed or continued in service after the said scheme has been replaced by a subsequent scheme.

Source reference: p. 34-35

2. Whether the experience gained by the petitioners under a previous identical scheme entitles them to preferential consideration for appointments in the successor scheme, "Nav Bharat Saksharta Karyakram".

Source reference: p. 35
03

Law Applied

The Court primarily relied on the principles of service jurisprudence concerning 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. 34

The doctrine dictates 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 vicisitudes" of artificial breaks.

Source reference: p. 34

Furthermore, the Court recognized that while policy matters regarding scheme implementation are within the executive domain, the Judiciary acts as a "catalyst" for policy change where public interest is involved.

Source reference: p. 34
04

Reasoning

The Court noted that the "Sakshar Bharat Karyakram" under which the petitioners served for approximately eight years had officially ended.

Source reference: p. 35

However, the State’s return acknowledged that the successor scheme, "Nav Bharat Saksharta Karyakram" (2022–2027), involves functions identical in nature to the previous one.

Source reference: p. 35

The Court reasoned that the petitioners' eight years of experience (2009–2017) constitutes a significant "additional asset" and "skill" that the State Government could utilize for the effective implementation of the current program.

Source reference: p. 35

Applying the logic from *Mohd. Abdul Kadir*, the Court determined that since the task remains perennial despite the name change of the scheme, the petitioners’ cases merit objective reassessment by the competent authorities.

Source reference: p. 35
05

Holding

The Court disposed of the writ petitions without granting the specific prayer for automatic absorption.

Instead, it granted the petitioners liberty to submit a fresh representation to Respondents No. 2 (Collector) and 5 (Member Secretary, Rajya Saksharta Samiti) within 30 days.

Source reference: p. 35

The Court directed the Competent Authority to decide said representation within 120 days of receipt, emphasizing that the decision must be made "objectively," taking into account the petitioners' previous experience, skills, suitability for the current "Nav Bharat Saksharta Karyakram," and the legal principles laid down by the Supreme Court.

Source reference: p. 36
Chhattisgarh High Court

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

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