Nafr High Court
Case Details
Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.01.23 17:29:05 +0530 1 2025:CGHC:2594 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6992 of 2024 • Kamlesh Dhruw Ramnath Dhruw Aged About 41 Years R/o Kharkhra Canal, Ward No. 14, Aama Para Balod, District Balod, Chhattisgarh --- Petitioner versus 1. State Of Chhattisgarh Trough The Secretary, Department Of Agriculture, Mantaralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh 2. Chhattisgarh Rajya Beej Evam Krishi Vikas Nigam Limited Through Managing Director, H.Q. Beej Bhawan, Ravigram, Telibandha, G.E. Road, District Raipur, Chhattisgarh 3. The Chairman Chhattisgarh Rajya Beej Evam Krishi Vikas Nigam Limited, H.Q. Beej Bhawan, Ravigram, Telibandha, G.E. Road, District Raipur, Chhattisgarh
Legal Reasoning
4. Smt. Ranjeeta Toppo D/o Stanislas Toppo Presently Working As Deputy Manager (Production), Chhattisgarh Rajya Beej Evam Krishi Vikas Nigam, Saraipali, District Mahasamund, Chhattisgarh 5. Smt. Maduri Bala W/o Amit Bala Presently Working As Deputy Manager (Seed), Address Chhattisgarh Rajya Beej Evam Krishi Vikas Nigam, Jhalmala, District Balod, Chhattisgarh 6. Smt. Sharda Painkra W/o Khageshwar Singh Presently Working As Deputy Manager (Seed) Address Chattisgarh Rajya Beej Evam Krishi Vikas Nigam Limited, Boraidadar, District Raigarh, Chhattisgarh 2 7. Rakesh Chandrawanshi S/o Shri B.R. Chandravanshi Presently Working As Deputy Manager, R/o Dhan Mandi Road, Torwa Chowk, District Office, Chhattisgarh Rajya Beej Evam Krishi Vikas Nigam Limited, Bilaspur, District Bilaspur, Chhattisgarh --- Respondents WPS No. 7170 of 2024 1. Smt. Madhavi Kawachi W/o Shri Chandrashekhar Kawachi Aged About 37 Years R/o House No. 33 D, Sai Simran City Phase 4, Mathpuraina, Raipur, District Raipur Chhattisgarh. 2. Shri Ankit Pathak S/o Shri Santosh Kumar Pathak Aged About 37 Years R/o Shaheed Bhagat Singh Chowk, Tikrapara, District Raipur Chhattisgarh. --- Petitioner versus 1. State Of Chhattisgarh Through The Secretary, Department Of Agriculture, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh. 2. Chhattisgarh Rajya Beej Evam Krishi Vikas Nigam Limited Through The Managing Director, H.Q. Beej Bhawan, Ravigram, Telibandha, G.E. Road, District Raipur Chhattisgarh. 3. The Chairman Chhattisgarh Rajya Beej Evam Krishi Vikas Nigam Limited, H.Q. Beej Bhawan, Ravigram,, Telibandha, G.E. Road, District Raipur Chhattisgarh. 4. Smt. Ranjeeta Toppo D/o Stanislas Toppo Aged About 39 Years Presently Working As Deputy Manager (Production), Address Chhattisgarh Rajya Beej Evam Krishi Vikas Nigam, Saraipali, District Mahasamund Chhattisgarh. 5. Smt. Sharda Painkra W/o Khageshwar Singh Painkra Aged About 40 Years Presently Working As Deputy Manager (Seed), Address Chhattisgarh Rajya Beej Evam Krishi Vikas Nigam Limited Boraidadar, District Raigarh Chhattisgarh., 6. Smt. Madhuri Bala W/o Amit Bala Aged About 36 Years Presently Working As Deputy Manager (Seed), Address 3 Chhattisgarh Rajya Beej Evam Krishi Vikas Nigam, Jhalmala, District Balod Chhattisgarh. 7. Rakesh Chandrawanshi S/o Shri B.R. Chandravanshi Aged About 39 Years Presently Working As Deputy Manager, R/o Dhan Mandi Road, Torwa Chowk, District Office, Chhattisgarh Rajya Beej Evam Krishi Vikas Nigam Limited, Bilaspur, District Bilaspur Chhattisgarh. --- Respondents For Petitioner :Mr. Faiz Kazi and Mr. Arshad Husaini, Advocate :Mr. Suyashdhar Badgaiya, Dy. G.A. For Respondent/State For Respondent No.2 and 3 :Mr. Trivikram Nayak, Advocate For Respondent No.4 For Respondent No.5 and 6 :Mr. Kapil Maini, Advocate :Mr. Anurag Singh, Advocate Hon’ble Shri Justice Amitendra Kishore Prasad Order on Boar 15/01/2025 1. By way of instant writ petitions, petitioners have prayed for following relief(s):- (i)This Hon'ble Court may be kind enough to call for the records pertaining to the instant matter; (ii) This Hon'ble Court may be kind enough to quash the impugned orders dated 24.06.2024; (iii) This Hon'ble Court may be kind enough to direct the Respondent no. 2/Managing Director to abide by and comply in accordance with the order of the Respondent no. 3/Chairman; (iv) This Hon'ble Court may be kind enough to direct the Respondent no. 2/Managing Director to promote the petitioner to the post of Deputy Manager w.e.f. 01.03.2021, along with all the service benefits including the salary and other ancillary arrears; (v) This Hon'ble Court may be kind enough to direct the Respondent no. 2/Managing Director to take appropriate steps initiating disciplinary proceedings against all the authorities responsible in promoting the private respondents instead of the petitioner, in utter disobedience to the order of the Respondent no. 2/Managing Director dated 29.11.2023; 4 (vi) This Hon'ble Court may be kind enough to direct the respondents to pay the petitioner the costs accrued in filing the instant writ petition and the legal assistance availed; (vii) This Hon'ble Court may be pleased to pass any other order(s) as it deems fit, in the interest of justice. 2. The subject matter in nutshell is that, The petitioner is presently working as Assistant Manager, in the Chhattisgarh Rajya Beej Evam Krishi Vikas Nigam Limited, and is aggrieved by the promotion orders issued by the respondent by which similarly situated have been promoted from the post of Assistant Manager/Farm Manager/Senior Production Assistant to the post of Deputy Managers, and the petitioners have been ignored, whereas, the respondents had to promote the petitioners and similarly situated Assistant Managers w.e.f. 01.03.2021, after forming a Review Departmental Committee, according to the seniority list, as per the order of the Respondent No. 3/Chairman. Previously, certain promotion orders were issued by the respondent, against which the similarly situated Assistant Managers had appealed, before the Chairman of the Nigam, and the outcome of the appeal was that the promotion orders were set-aside, and thus consequentially, the appellants therein, had to be promoted w.e.f. 01.03.2021, after constitution of a Review Departmental Committee. However, surprisingly, the respondent No. 2 has issued promotion orders on 24.06.2024, and has therefore, order of promotion has been passed in violation of the higher authority 5 i.e. the Chairman, and the said act has been done in an absolute arbitrary manner, the respondent authority has failed to constitute a Review Departmental Committee and has surpassed the order of the Chairman, by ignoring the promotion of the petitioner which had to be granted to him w.e.f. 01.03.2021, and thus crucial years, which could have been rendered by the petitioner on the post of Deputy Manager, they were deprived. 3. Learned counsel for the petitioners submits that they have preferred an appeal which is lying pending before the respondent No.3, since 23.07.2024 accordingly Appellate Authority. He further submits that maximum time limit is of two months for deciding the appeal, however, it has been kept pending since July 2024 as such respondents authority may directed to decide the appeal from the date of passing of this order. 4. On the other hand, learned counsel for the respondents submit that some time may be granted to respondent authorities to decide the said appeal filed by the petitioner. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of these petitions and aforesaid prayer made by learned counsel for the parties, the respondents authority are directed to decide the appeal filed by the petitioners within a period of one month. If the said appeal will not be decided within one month, the petitioners are at 6 liberty to file a fresh petition before this Court for redressal of their grievance. 7. With the aforesaid direction(s)/observation(s) these writ
Decision
petitions are disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE vaishali