1 2025:CGHC:25656 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3060 of 2019 Arjun Lal Kurre S/o Late Shri Ram Kurre Aged About 54 Years Wroking As Assistant Engineer (Sdo), Hasdeo Canal Water Management Division, Janjgir, District- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mantralaya, Atal Nagar, New Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Engineer-In-Chaief Water Resources Division, Sihawa Bhawan, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Chief Engineer Hasdeo Kachhar, Water Resources Department, Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 4 - Umesh Kumar Mishra Posted As Sub-Divisional Officer, Kharkhara Mohandipat Canal Project, Sub-Division No.4, Balod, District- Balod, Chhattisgarh., District : Balod, Chhattisgarh ... Respondents For Petitioner : Mr. Kamlesh Kumar Pandey, Advocate For Respondents 1 to 3/State : Mr. Amandeep Singh, Panel Lawyer (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 19.6.2025 1. The petitioner has preferred instant petition under Article 226 of the Constitution of India, seeking following relief(s):- 10.1 That this Hon’ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.06.20 10:42:35 +0530 2 authorities for correcting the seniority/gradation list for the post of Assistant Engineer. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to prepare separate seniority list of diploma holder engineer and degree holder graduate engineer as per directing issued by the Hon’ble Supreme Court in the matter of “Chandravathi P.K. and others Vs. C.K. Sali & Others in Case No. Appeal (Civil) 884 of 2002, decided on 12.02.2004 and direction issued by the Government pursuant to that order of Hon’ble Supreme Court. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given, 2. Learned counsel for the petitioner submits that the petitioner was appointed on the post of Sub-Engineer in Water Resources Department in the erstwhile State of Madhya Pradesh on 08.8.1990 and subsequently, he was allotted to the State of Chhattisgarh. Earlier in the gradation list, the petitioner was kept above respondent No.4-Umesh Kumar Mishra till the year 2016, but in the gradation list prepared on 01.4.2016, the petitioner was kept below respondent No.4-Umesh Kumar Mishra, without assigning any reason. He would further submit that the petitioner filed representation vide Annexure- P/4 on 09.01.2017 before Secretary, GAD, Raipur, but the same has not been decided yet. He would further submit that the petitioner is ready to file fresh representation for redressal of his grievance, therefore, it is prayed that he may be permitted to withdraw instant writ petition with liberty to file fresh 3 representation raising all the grounds raised by him in the instant petition before the respondent authorities. 3. Learned counsel for the State would submits that if the petitioner files fresh representation, then the same shall be considered and decided by the competent authority strictly in accordance with law/rules. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Having considered the limited prayer of the petitioner, this petition is disposed of granting liberty to the petitioner to file fresh representation, raising all the grounds raised in the instant petition, before the competent respondent authorities within 15 days from today. In the event of filing of representation by the petitioner, the concerned competent authority is directed to decide the same expeditiously in accordance with law/rules, preferably within 90 days from the date of filing of fresh representation by the petitioner. 6. With above observation and direction, this petition stands disposed of. Sd/- (Naresh Kumar Chadnravanshi) Judge Bini