1 - Sunil Kumar Gohil S/o Late Shri B.D. Gohil Aged About 64 Years v. 1 - State Of Chhattisgarh Through Secretary, Water Resource Department Ministry Mahanadi Complex, Naya
Case Details
1 2025:CGHC:14783 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4828 of 2024 1 - Sunil Kumar Gohil S/o Late Shri B.D. Gohil Aged About 64 Years Retired Executive Engineer, Water Resources Division, Pendraroad District Gourela- Pendra-Marwahi, C.G. versus 1 - State Of Chhattisgarh Through Secretary, Water Resource Department Ministry Mahanadi Complex, Naya Raipur, Atal Nagar District Raipur, C.G. --- Petitioner(s) 2 - Engineer-In-Chief Water Resource Department, Shivnath Bhawan, North Block, Sector 19, Naya Raipur Atal Nagar, District- Raipur, C.G. --- Respondent(s) WPS No. 4996 of 2024
Legal Reasoning
1 - Ajaykant Rathor S/o Late Shri Rupchand Rathor Aged About 68 Years Retired Executive Engineer, R/o G-34 Alka Avenue Uslapur, Bilaspur (C.G.) Versus 1 - State Of Chhattisgarh Through Secretary, Water Resource Department Ministry Mahanadi Complex, Naya Raipur, Atal Nagar, District Raipur (C.G.) ---Petitioner(s) 2 - Engineer-In-Chief Water Resource Department, Shivnath Bhawan, North Block, Sector 19, Naya Raipur Atal Nagar, District Raipur (C.G.) --- Respondent(s) WPS No. 5005 of 2024 1 - Pramod Kumar Shukla S/o Late Shri Devnarayan Shukla Aged About 66 Years Retired Executive Engineer, R/o A/16, Minocha Colony, Mangala Chowk, Bilaspur, Chhattisgarh. ---Petitioner(s) Versus 2 1 - State Of Chhattisgarh Through Secretary, Water Resource Department Ministry Mahanadi Complex, Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - Engineer-In-Chief Water Resource Department, Shivnath Bhawan, North Block, Sector 19, Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh. --- Respondent(s) WPS No. 5010 of 2024 1 - Ashok Kumar Tiwari S/o Late Shri B.P. Tiwari, Aged About 66 Years Retired Superintendent Engineer, R/o H. No. 51, Amaltash Colony, Narmada Nagar, Bilaspur, Chhattisgarh. Versus ---Petitioner(s) 1 - State Of Chhattisgarh Through Secretary, Water Resource Department Ministry Mahanadi Complex, Naya Raipur, Atal Nagar, District - Raipur, Chhattisgarh. 2 - Engineer-In-Chief Water Resource Department, Shivnath Bhawan, North Block, Sector 19, Naya Raipur, Atal Nagar, District-Raipur, Chhattisgarh. --- Respondent(s) WPS No. 5016 of 2024 1 - Sanjeev Kumar Mittal S/o Late Shri Lakheeram Mittal Aged About 63 Years Retired Executive Engineer, R/o Mangala Chowk Bilaspur Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Water Resource Department Ministry Mahandi Complex, Naya Raipur Atal Nagar District Raipur Chhattisgarh 2 - Engineer In Chief Water Resource Department, Shivnath Bhawan, North Block, Sector 19, Naya Raipur Atal Nagar, District Raipur Chhattisgarh --- Respondent(s) WPS No. 5017 of 2024 1 - Vasudev Jotwani S/o Late Shri Gyanchand Jotwani Aged About 67 Years Retired Executive Engineer, R/o Plot No. 15 Rajkishor Nagar, Bilaspur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Water Resource Department Ministry Mahanadi Complex, Naya Raipur, Atal Nagar, District Raipur (C.G.) 2 - Engineer-In-Chief Water Resource Department, Shivnath Bhawan, North Block, Sector 19, Naya Raipur, Atal Nagar, District Raipur (C.G.) --- Respondent(s) 3 WPS No. 5022 of 2024 1 - Anil Kumar Lalit S/o Late Shri Lakshman Rao Lalit, Aged About 65 Years Retired Superintendent Engineer, R/o Tilak Nagar, Bilaspur, Chhattisgarh. Versus 1 - State Of Chhattisgarh Through Secretary, Water Resource Department Ministry Mahanadi Complex, Naya Raipur Atal Nagar, District- Raipur, Chhattisgarh. ---Petitioner(s) 2 - Enginedr-In-Chief Water Resource Department, Shivnath Bahwan, North Block, Sector 19, Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh. --- Respondent(s) WPS No. 5329 of 2024 1 - Ram Swami Naidu S/o Late Shri K.S. Naidu, Aged About 64 Years Retired Superintendent Engineer, R/o House No. 626, Sindhya Nagar, Durg (C.G.) Versus 1 - State Of Chhattisgarh Through Secretary, Water Resource Department Ministry Mahanadi Complex, Naya Raipur, Atal Nagar, District-Raipur (C.G.) ---Petitioner(s) 2 - Engineer-In-Chief, Water Resource Department, Shivnath Bhawan, North Block, Sector 19, Naya Raipur, Atal Nagar, District-Raipur (C.G.) --- Respondent(s) WPS No. 5327 of 2024 1 - Amitabh Jha S/o Late Shri Naresh Dhar Jha, Aged About 69 Years Retired Superintendent Engineer, R/o A-4, Satabdi Nagar, Near, Son Ganga Colony, Seepat Road, Bilaspur (C.G.) Versus ---Petitioner(s) 1 - State Of Chhattisgarh Through Secretary, Water Resource Department Ministry Mahanadi Complex, Naya Raipur, Atal Nagar, District- Raipur (C.G.) 2 - Engineer-In-Chief, Water Resource Department, Shivnath Bhawan, North Block, Sector 19, Naya Raipur, Atal Nagar, District-Raipur (C.G.) --- Respondent(s) WPS No. 5715 of 2024 1 - Rajesh Kumar Shrivastava S/o Late Shri R.S. Shrivastava Aged About 71 Years Retired Executive Engineer, R/o A-14, Sheemant Genral Krupa, Patil Nagar Balewadi, Pune (Maharashtra) ---Petitioner(s) Versus 4 1 - State Of Chhattisgarh Through Secretary, Water Resource Department Ministry Mahanadi Complex, Naya Raipur, Atal Nagar District Raipur Chhattisgarh 2 - Engineer In Chief Water Resource Department, Shivnath Bhawan, North Block, Sector 19, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh --- Respondent(s) Cause title is taken from the Case Information System For Petitioners : Shri A.S. Kachhawaha with Shri Saurabh Shukla, Advocates For Respondent/State : Shri Ajit Singh, Govt. Advocate Order on Board By Bibhu Datta Guru, J. 27/3/2025 1. Since the facts and grounds involved in all these petitions are similar, they are being considered and decided by this common order. The pleadings and documents of WPS No.4828 of 2024 are being referred herewith for adjudication of these petitions. 2. By these petitions the petitioners, who are septoagenarain/sexagenarian and retired from service on attaing the age of superannuation, seek a direction towards the respondent authorities to grant monetary benefits from the date of their promotion i.e. 24-8-2012 till the date of their retirement. The petitioners also seek a direction towards the respondent authorities to consider and decide the pending representations of the respective petitioners. 3. Earlier a dispute was raised with regard to inter se seniority to be given to the Assistant Engineer (Direct Recruit) and Assistant Engineers (Promotee). In fact, the said issue has already been set at rest by the Supreme Court and on the basis of the same, the said petition i.e. WPS 5 No.7562 of 2018 was disposed of by this Court vide order dated 10-4-2019 observing thus at para 7 :
Decision
7) For the aforesaid reasons, things must not have progressed at a fast pace as it was expected. In view of the fact that State Government has already taken a decision for holding review DPC and which is in all likelihood to be held after the model code of conduct for the Parliamentary Election would be over, this Court is of the opinion that at this juncture there does not remain much which needs adjudication and at the same time, this Court is of the opinion that ends of justice would meet if the writ petition itself is disposed off with a direction to the respondent to ensure compliance of the order dated 03.08.2018 at the earliest preferably within a period of four months from the date of receipt of copy of this order. 4. When no steps have been taken by the authorities to comply with the order passed in WPS No.7562 of 2018, CONT No.839 of 2021 was preferred, which was disposed of by this Court vide order dated 31-8-2023. Subsequently, the petitioners have been promoted in the month of January, 2024 by giving proforma promotion w.e.f. 24-8-2012. In the said promotion order it has been mentioned that since the petitioners have not actually rendered the service on the promotional post, they are not entitled for arrears, however, their seniority on the promotional post shall be computed for pensionary benefits. 5. At this juncture, learned counsel appearing for the petitioners, on instructions, would submit that by raising all the grievances the petitioners have already submitted their respective representations before the Secretary to the Government of Chhattisgarh, Water Resources Department, which are pending consideration and hence the 6 said authority may be directed to consider and decide the same within a stipulated period. 6. Learned counsel appearing for the State would submit that if the representations of the petitioners are pending consideration before the authorities, the same shall be considered and decided, in accordance with law. 7. I have heard learned counsel appearing for the parties and perused the documents. 8. Considering the entire facts and circumstances of the case and particularly considering the submission made by both the parties, all the writ petitions are disposed of directing the Secretary to the Government of Chhattisgarh, Water Resources Department, to consider and decide the pending representations of the respective petitioners, in accordance with law and on its own merits and thereafter pass a speaking and reasoned order, as early as possible preferably within a period of fifty (50) days from the date of receipt of a copy of this order. 9. Needless to observe, the representations of the respective petitioners shall be considered and decided by the authorities uninfluenced by any observation made in this order. It is made clear that this Court has not examined the rival claims on merits. 10. With the aforesaid observation, all the writ petitions stand disposed of. Sd/- (Bibhu Datta Guru) Judge Gowri K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.03.27 17:55:15 +0530