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Shiksha Karmis are not holders of the civil post, therefore they cannot be treated as government servants. Government post has been upheld by the High Court of Chhattisgarh through a single bench led by HON’BLE SHRI JUSTICE SANJAY S. AGARWAL in the case of Smt. Sweta Singh v. State  of Chhattisgarh (Writ Petition No. 6828 of 2021)

Brief facts of the case are that the writ petition was filed by the petitioner when the order was passed by the respondent by which the petitioner’s appointment as Assistant Grade­III has been revoked stating that she is not eligible to be appointed on compassionate basis for the post as her husband and her husband’s brother both were in roll of the State Government which bars her from compassionate appointment.

Petitioner further contended that her father-in-law Manmohan Singh Pawar while working as Block Education Officer, Surajpur died in harness on 16.12.2018 and thereafter the petitioner made an application on 7.1.2019 for grant of compassionate appointment and ultimately with a delay of 2½ years she was granted compassionate appointment on 2.6.2021, but thereafter she was subjected to show­cause notice on 26.10.2021 stating that her husband namely Basant Pratap Singh was already working as Shiksha Karmi Grade I w.e.f. 30.8.2013 and her husband’s brother namely Akhilendra Pratap Singh was also working as Shiksha Karmi Grade­II.

On the other hand, respondents contended that the petitioner’s husband and the petitioner’s husband brother both were Shiksha Karmis on the death of her father in law, but subsequently, he husband was absorbed in the Government department on 1.11.2020 and her husband’s brother was absorbed on 1.7.2019 in Government department and they have been confirmed as Government servant. Therefore, the prohibition clause would apply and since two relatives are already in Government department and therefore petitioner would not be eligible on compassionate basis.

The court relying on the judgements of this court (single Bench) in the matter of Harnarayan Yadav v. Chhattisgarh Public Service Commission, Chhattisgarh and Another, which has affirmed by the Division Bench of this Court Harnarayan Yadav v. Chhattisgarh Public Service Commission, Chhattisgarh and Another, held that Shiksha Karmis are not Government servant and they are not holders of the civil post, therefore they cannot be treated as a government servant. The Court ordered that as petitioner’s both relatives i.e. husband and husband’s brother were Shiksha Karmis on the date of sad demise of her father-in-law, therefore, they are not Government servant and as such, the impugned order for her removal should be set aside.

Click here to view the Judgement

Judgement Review by Akshat Jaithlia