Nilesh Kumar Kesharwani v. State Of Chhattisgarh

: Ms. Akanksha Singh, Advocate. For State/respondents : Mr. Siddharth Sharma, Panel Lawyer No. 1 & 2 For Respondent No.3 : Mr. Harsh Wardhan, Advocate. For Respondent No.4 : None though served. Hon’ble Shri Justice Naresh Kumar Chandravanshi, J Order on Board (05th August, 2026) The petitioner has filed the instant petition under Article 226 of the Constitution of India seeking following relief: “10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ by directing the respondent authorities to consider petitioner's case and pass appropriate orders to promote the petitioner on the post of 'Accountant' or 'Assistant Grade II', in the interest of justice.

10.2 That, the respondent authorities may kindly be pleased 24 to set-aside the order dated 24.07.2023 (Annexure P/7) passed by Respondent No. 3, in the interest of justice.

10.3 Any other relief which this Hon'ble Court may deem fit and proper in favour of the petitioner may kindly be passed.”

#02. Facts of the case, in nutshell, are that the petitioner was appointed on the post of Computer Operator in the office of Municipal Corporation, Bilaspur vide order dated 28.6.2011 (Annexure P/1). Thereafter, no promotion was granted to the petitioner. Hence he filed a representation for grant of promotion which was rejected on

24.7.2023 (Annexure P/7) by the Commissioner, Municipal Corporation. Hence this petition seeking the relief as stated above. 3

#03. Learned counsel for the petitioner would submit that appointment of the petitioner on the post of Computer Operator was made under Chhattisgarh Municipal Corporation (Appointment and Terms and Conditions of Service of Officers and Employees) Rules, 2007. The said rules have been replaced by Chhattisgarh Municipal Corporation (Appointment and Terms and Conditions of Service of Officers and Employees) Rules, 2018 (hereinafter referred to as “the Rules, 2018”). Learned counsel further submits that as per Rule 8(10) of the Rules, 2018, the post of the petitioner has been declared as dying cadre, therefore, there is no promotional avenue for the petitioner and other similarly situated employees i.e. Computer Operator in Municipal Corporation, Bilaspur. Hence she prays that the relief sought for by the petitioner may be granted to him.

#04. Respondent No.3, who is main contesting party in the instant petition, has filed reply-affidavit and referring to the same, learned counsel appearing for respondent No.3 would submit that similar issue has already been dealt with by this Court in WPS No.4602/2021 in which this Court vide order dated 6.9.2021 (Annexure R-3/1) has permitted the petitioners therein to approach the State authorities for appropriate suitable amendment to the Rules ventilating their grievances of promotion. In compliance of the aforesaid order, the Urban Administration and Development Department, Govt. of CG, 4 Raipur, passed an order on 18.8.2022 (Annexure R-3/2) whereby the State Government has declined to provide promotional avenue to the Computer Operators posted in the Municipal Corporation because it is a dying cadre post and thus, rejected the representation filed by the petitioners therein.

#05. Learned State counsel, referring to its reply, would submit that the main relief sought for by the petitioner is against respondent No.3, therefore, he extends his support to the contention of learned counsel appearing for respondent No.3.

#06. Heard learned counsel for the parties and perused the material available on record.

#07. Perusal of the order dated 6.9.2021 passed by the co-ordinate Bench of this Court in WPS No.4602/2021, parties being Rampravesh Pathak and others Vs. State of CG and others, shows that grievance of the petitioners therein was non-availability of channel of promotion from the post of Data Entry Operator/Computer Operator. In the aforesaid order, the learned co-ordinate Bench, after considering the issue, has observed in paras 4 to 7 as under: “4. All said and done, the claim of promotion, made by the petitioners have to be considered strictly in accordance with the rules governing the field which in the instant case is the rules of

#2018. The petitioners in the instant case are working on the post of Data Entry Operator/Computer Operator. As on date, there is 5 no channel of promotion available to the petitioners. The promotions which could be provided to the petitioners, can be only by the respondent authorities amending the rules whereby a channel of promotion is created for the Data Entry Operator/Computer Operator. The said promotional post so created should have the feeder post to be that from the post presently held by the petitioners. The power to amend the rules is exclusively within the domain of the State Authorities and it is for the State Authorities to consider the grievance of the petitioners and to take appropriate decision. Unless, the rules stands modified or amended the claim of the petitioners cannot be considered by any of the respondents.

#5. Therefore, at this juncture the writ petition stands disposed of permitting the petitioners to approach the State Authorities for appropriate suitable amendment to the Rules ventilating their grievances and at the same time direction to the respondent State Authorities to consider the recommendations that respondent no.3 has made to the State Authorities in this regard.

#6. However, so far as considering the representation of the petitioners or considering the recommendations of the respondent no.3, the Respondent Authorities i.e. Respondent no.1, 2 & 4 are expected to take a decision preferably within four months. If at all the claim of the petitioners are acceptable to the respondents, since the amendment of the Rules requires a prescribed procedure to be followed, no stipulated time limit can be granted to the State Authorities in this regard.

#7. With the aforesaid observations, the present writ petition stands disposed of.” 6

#08. After passing of the aforesaid order dated 6.9.2021, the petitioners therein had made a representation to the State Government but the Urban Administration and Development Department, Govt. of CG, vide order dated 18.8.2022 (Annexure R-3/2) rejected the said representation on the ground that Data Entry Operators have already been granted higher pay scale and they are also entitled to get time scale as per the rules, and further, their post has been kept in the dying cadre in the Rules, 2018.

#09. Since this Court has already addressed the grievance raised by the petitioner herein in WPS No.4602/2021, therefore, nothing remain in the instant petition for adjudication. Hence this petition is also disposed of in terms of the order dated 6.9.2021 passed by the co- ordinate Bench in WPS No.4602/2021. No order as to cost(s).

#10. Interlocutory pending application(s), if any, shall also stand disposed of. MOHD AKHTAR KHAN AKHTAR KHAN 16:08:45 +0530 Khan Sd/ (Naresh Kumar Chandravanshi) Judge