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2025 DAILYLAW 12122 (CHH)

RAJSHEKHAR PURANIK v. SHRI SANJAY SHUKLA

CONT/390/2022 · 2025-01-13

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:2109 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 390 of 2022 1. Rajshekhar Puranik S/o Late S.V. Puranik Aged About 58 Years Manager, Prathmik Vanoupaj, Fulbagdi, Sukma, Tahsil- Sukma, District- Sukma, Chhattisgarh. 2. D.D. Jangde S/o Late M.D. Jangde Aged About 55 Years Manager, Prathmik Vanoupaj Dubbatota, Sukma, Tahsil And District- Sukma, Chhattisgarh. 3. Ghansiram Dehari S/o Late Chamru Ram Dehari Aged About 50 Years Manager, Prathmik Vanoupaj, Guma, Sukma, Tahsil And District- Sukma, Chhattisgarh. 4. Bankim Sarkar S/o Late Supat Sarkar Aged About 53 Years Manager, Prathmik Vanoupaj, Pongabheji, Sukma, Tahsil And District- Sukuma, Chhattisgarh. 5. Chandru Ram Sethiya S/o Late Asadu Ram Sethiya Aged About 56 Years Manager, Prathmik Vanoupaj Kondre, Sukma,tahsil And District- Sukma, Chhattisgarh. 6. Ramadhar Lahre S/o Late Lasawan Lahre Aged About 55 Years Manager, Prathmik Vanoupaj Pandariya, Tahsil Pandariya, District- Kawardha ( Kabirdham ), Chhattisgarh, District : Kawardha (Kabirdham), Chhattisgarh ... Petitioners versus 1. Shri Sanjay Shukla Aged About 58 Years Managing Director, Chhattisgarh State Minor Forest Produce Trading Digitally signed by HEERA LAL SAHU Date: 2025.01.15 10:09:24 +0530 2 And Development Co-Operative Federation Limited, Raipur, District : Raipur, Chhattisgarh. 2. Shri Manoj Pinguwa Aged About 56 Years Principal Secretary, Forest Department, Secretariat, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ... Respondents For Petitioners : Mr. Raza Ali, Advocate. For Respondent No. 1 : Mr. Trivikram Nayak, Advocate. For Respondent No. 2. : Mr. Rakesh Kumar Jha, Adv. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 13 / 0 1 / 202 5 Heard on admission. 1. The present petition is filed against the non-compliance of the order dated 27.02.2020 passed by this Court in Writ Petition (S) 3049/2016 (Rajshekhar Puranik & Ors. Vs. State of Chhattisgarh & Ors.). 2. The counsel for the petitioners has not filed his written submissions despite getting many opportunities. 3. Relevant para of the order of this Court dated 27.02.2020 passed in WPS No. 3049/2016 reads as under:- “Considering the back-ground of the case and plight of the petitioners, since it has already been proposed by the Chhattisgarh Rajya Laghu Vanopaj Sahkari Sangh to the State to form a committee and thereafter examine the aspect of regularization and increase in salary of the petitioners as they appear 3 to be stagnant to a articular post for considerable time, it is directed that the State shall act upon the proposal of the Federation sympathetically and take a decision thereof as early as possible within a period of three months.” 4. Learned counsel for the petitioners submits that the order in question has not been complied with by the respondents. 5. Learned counsel for the respondents submits that the salary of the present petitioner was increased to the tune of Rs. 10,000/- vide order dated 12/07/2016. Thereafter, vide another order dated 21/11/2017 the salary of the present petitioner was further increased to Rs. 12,500/-. A copy of orders dated 12.07.2016 and 21.11.2017 is annexed herewith as Annexure-R-1/2 colly. As far as giving the equivalent status of Class-III employees to the present petitioners is concerned, the High Powered Committee on 12.10.2020 had discussed the request of the present petitioners and after taking a sympathetic view, vide agenda No. 6, had considered and sought a proposal to be sent to the State Government with regard to the same. A copy of the minutes of the meeting of the High Powered Committee dated 12.10.2020 is annexed herein as Annexure-R-1/4. Thereafter, in compliance with the recommendation of the High Powered Committee, a detailed proposal for giving Class-III equivalent status to present petitioners was sent by the answering non-applicant vide letter dated 13.11.2020 to the State Government. A copy of the letter dated 13/11/2020 is annexed herein as Annexure-R-1/5. In reply to the letter dated 13.11.2020, non-applicant No. 2 vide letter dated 04.03.2021 had requested that a revised proposal be sent, accordingly, vide letter dated 15.03.2021 a revised proposal was sent. A copy 4 of letters dated 04/03/2021 and 15.03.2021 is annexed herein as Annexure – R-1/6 colly. 6. Learned counsel for the respondents further submits that the State Government vis-a-vis non-applicant No. 2 vide order dated 08.12.2021 after duly considering the facts and circumstances and taking a holistic approach in the matter at hand, on the basis of the recommendation of the Finance Department, had rejected the proposal for grant of Class-III equivalent status to the present petitioners and had directed that only increment in salary of present petitioners be further considered. A copy of the order dated 08.12.2021 is annexed herewith as Annexure-R-1/9. On 25.04.2022, the order was passed directing that the salary of present petitioners be increased to Rs. 20,000/-. A copy of the order dated 25.04.2022 is annexed herein as Annexure-R- 1/11. They lastly submit that non-applicant No. 1 had thereby duly complied with the order dated 27.02.2020 passed by the Hon’ble High Court in WPS No. 3049/2016. the non-applicant No. 1 again reiterated that he has not committed any act which would be tantamount to contempt of the lawful authority of this Hon’ble High Court. 7. In view of the submissions made by the counsel for the respondents and the material available on record, it is clear that the order of this Court dated 27.02.2020 passed in WPS No. 3049/2016 has already been complied with. 8. In view of the above, no contempt is made out against the respondents. Accordingly, this petition is dismissed at the motion stage itself. Sd/- (Sanjay Kumar Jaiswal) Judge H. L. Sahu