Bilaspur, Chhattisgarh v. 1 - State Of Chhattisgarh Through Secretary, Livestock Development Department
Case Details
1 RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.08.05 11:53:05 +0530 2025:CGHC:37898 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6364 of 2019 1 - Dr. Chandra Kant Pandey S/.O Shri R.S. Pandey Aged About 63 Years Occupation Deputy Director Veterinary Service Presently Posted As Incharge Joint Director Veterinary Service Bilaspur, Chhattisgarh. R/o Govt. Poutlry Farm, Koni, Police Station Koni, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Livestock Development Department, (Pashudhan Vikas Vibhag) Atal Nagar, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Principal Secretary General Administration Department, Atala Nagar, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Director Veterinary Service, Indrawati Bhawan, Ground Floor, Atal Nagar, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Dr. R.K. Sonwane Presently Posted As Deputy Director In Veterinary Services, Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 2 5 - Dr. Devendra Kumar Netam Presently Posted As Deputy Director, In Vetrinary Serivice Kondagaon, District Kondagaon Chhattisgarh., District : Kondagaon, Chhattisgarh ... Respondent(s) (Cause title taken from Case Information System) For Petitioner
Legal Reasoning
that Hon’ble Division Bench of this Court in W.A. 409/2013 and other connected 27 matters, vide order 04.02.2019 quashed the Rule 5 Chhattisgarh Public Service (Promotion) Rules, 2003. The writ appeal preferred by the petitioner against aforesaid order dated 15.01.2019 passed in WPS 7594/2018 was also dismissed. 5. Learned counsel for the petitioner referring to its contention of writ petition would submit that General Administrative Department, Government of Chhattisgarh has issued order dated 23.02.2019 (Annexure P/5) in pursuance of quashment of Rule 5 of Chhattisgarh Public Service (Promotion) Rules, 2003 by the High Court in W.A. No.409/2013 and other connected cases that till further orders, the promotion process in each category in all the departments/departmental head offices of Government and their subordinate Corporations/ Boards/ Commissions/ Authorities/ Autonomous bodies and other Constitutional bodies (in which Chhattisgarh Public Services, Promotion Rules 2003 have been implemented) should be kept in hold. Despite that vide impugned order dated 08.08.2019 (Annexure P/7), private respondents No.4 & 5 have been promoted from the post of Deputy Director (Veterinary Services) to the post of Joint Director (Veterinary 4 Services) which is violation of order dated 23.02.2019 (Annexure P/5) issued by General Administrative Department, Government of Chhattisgarh. 6. Learned counsel for the petitioner further submits that memo dated 23.02.2019 (Annexure P/5) issued by General Administrative Department has not been recalled by the State Government, despite that the private respondents have been promoted vide order dated 08.08.219 ( Annexure P/7). It is further submitted that in instant petition, respondent No.5/Dr. Devendra Kumar Netam, who is beneficiary of promotion vide Annexure P/7 is Officer in-charge of the instant case, therefore, reply filed by the State seems to be biased. Hence, learned counsel for the petitioner submits that promotion order dated 08.08.2019 Annexure P/7 may be quashed. 7. The State has filed its reply. Learned State counsel referring to its reply would submit that promotion of private respondent’s were made vide order dated 08.08.2019 Annexure P/7 in compliance of Departmental Promotion Committee (in short DPC) meeting held on 03.10.2018. He further submits that though in pursuance of order dated 04.02.2019 passed by the High Court in W.A. No. 409/2013, order dated 23.02.2019 (Annexure P/5) was issued by the State Government, but the DPC in respect of promotion of private respondents were held prior to passing of both the above orders. 8. He further submits that despite that no action was taken upon the 5 recommendation made by the DPC, therefore, respondent No.4 had filed WPS No.1718/2019 in which Coordinate Bench of this Court has directed to act upon the recommendation of DPC held on 03.10.2018, thereafter, order dated 08.08.2019 Annexure P/7 with regard to promotion of private respondents was passed. Learned State counsel further submitted that since order dated 08.08.2019 Annexure P/7 was passed prior to issuance of GAD order dated 23.02.2019 (Annexure P/5) that too in compliance of order dated 12.03.2019 passed by Coordinate Bench in WPS No.1718/2019, therefore, there is no infirmity or illegality in the order of promotion of the private respondents, hence, petition is liable to rejected. 9. I have heard learned counsel for parties and perused the documents available in record. 10. Perusal of order dated 08.08.2019 Annexure P/7 shows that aforesaid promotion order of private respondents was passed in compliance of recommendation of DPC meeting held on 03.10.2018. It is evident from aforesaid order and order dated 23.02.2019 (Annexure P/5) issued by GAD, Government of Chhattisgarh which was issued in pursuance of order dated 04.02.2019 passed in W.A. No.409/2013, that DPC was held prior to the order dated 23.02.2019 (Annexure P/5) and even prior to the order dated 04.02.2019 passed by Hon’ble Division Bench in W.A. No.409/2013. Since, those orders were not in existence, 6 therefore, vide order dated 12.03.2019 (Annexure P/6) passed in WPS No.1718/2019, Coordinate Bench of this Court had directed to act upon the DPC recommendation held on 03.10.2018, thereafter impugned order dated 08.08.2019 (Annexure P/7) has been passed, whereby private respondents have been promoted from the post of Deputy Director (Veterinary Services) to the post of Joint Director (Veterinary Services). 11. In view of the above discussion, I do not find any infirmity or illegality in the impugned order dated 08.08.2019 (Annexure P/7) passed by the respondent authority. Therefore, no merit is found in the instant petition. 12. Consequently, this petition is liable to be dismissed and is hereby dismissed. Sd/- (Naresh Kumar Chandravanshi) Judge Ravi Mandavi
Arguments
: Mr. Sunil Kumar Soni, Advocate For State/Respondent/s : Mr. Amandeep Singh, Panel Lawyer. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order on Board 01/08/2025 1. Heard. 2. This petition has been preferred by the petitioner under Article 226 of the Constitution of India, seeking following reliefs: “10.1 Hold that impugned order dated 08.08.2019 is absolutely erroneous and bad in law and is therefore set aside (Annexure P/7). 10.2 That, entire records of the case may kindly be called, for revealing administrative chaotic situation. 10.3 Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in the given facts and circumstances of the case.” 3. Facts of the case in nutshell are that while filing instant petition, petitioner was discharging the functions of I/c. Joint Director, Veterinary Services, Bilaspur by virtue of order dated 19.12.2018, passed by Director, Veterinary Services, Raipur. 4. Being aggrieved by the recommendation for promotion on the two 3 posts of Joint Director (Veterinary Services) made by the Chhattisgarh Public Service Commission (in short ‘PSC’), the petitioner has preferred WPS No.7594/2018 and the same was dismissed vide order dated 15.01.2019. It is further contended