Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:46195
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3154 of 2022 * - Rajesh Ekka S/o Shri Shilbanush Ekka Aged About 47 Years Presently Posted As Agriculture Development Officer At Block Bagbahara, District Mahasamund, Chhattisgarh.
... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Agriculture, Mantralaya , Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 2 – Director, Directorate Of Agriculture, Indravati Bhawan , Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 3 - Additional Director Directorate Of Agriculture, Indravati Bhawan , Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 4 - Joint Director Agriculture, Divisional Office Raipur, District : Raipur, Chhattisgarh 5 - Deputy Director District Mahasamund, Chhattisgarh. 6 - Sub Divisional Agriculture Officer Mahasamund, District Mahasamund Chhattisgarh.
... Respondents For Petitioner : Mr. Palash Agrawal, Advocate For Respondents/State : Mr. Vedant Shadangi, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey
Order on Board 10/09/2025
1. The petitioner has filed this petition seeking the following relief(s):- 10.1 That, this Hon’ble Court may kindly be pleased to call entire records from the respondents. 10.2 That, this Hon’ble Court may kindly be pleased to allow this petition and issue a writ quashing the impugned entry dated 22.06.2021 (Annexure P/3), in the interest of justice. Digitally signed by RAMESH KUMAR VATTI Date: 2025.09.15 19:20:57 +0530
2 10.3 That, the Hon’ble Court may kindly be pleased to direct the respondents to grant and disburse annual increments from the year 2017 to 2020 with arrear along with market interest to the petitioner, in the interest of justice. 10.4 Any other relief which this Hon’ble Court may deem and proper in the present circumstances of the case.
2.
Learned counsel appearing for the petitioner would submit that the petitioner was promoted to the post of Agriculture Development Officer on 15.02.2017, but till date he has not been granted annual increments for period from year 2017 to 2020. He would contend that a direction may be issued to the respondent authorities to extend benefit of annual increments.
3. On the other hand, learned Panel Lawyer appearing for the State would submit that in the order of promotion dated 15.02.2017, there was specific condition i.e. condition No. 7 that the petitioner has to qualify accountancy examination within a period of two years and thereafter he would be eligible to get annual increments. He would contend that otherwise the petitioner would be eligible for annual increments after completion of 45 years of age. He would submit that the petitioner completed 45 years of age in the year 2021 and since then he has been extended benefit of annual increments. He would submit that the petition deserves to be dismissed.
4. Heard learned counsel for the parties and perused the documents.
5. According to Condition No. 7 of the order of promotion dated 15.02.2017, the petitioner could not qualify accountancy examination within a period of two years, therefore, he has not been granted benefit of annual increments for period from year 2017 to 2020 and that benefit has already been extended from year 2021.
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6. It appears that the petitioner has not made demand of justice before the respondent authorities, therefore, this petition, at this juncture, is
disposed of reserving liberty in favour of the petitioner to make a representation before respondents No. 2 and 3 within a period of 30 days and in turn, the said authorities are directed to consider and decide the said representation within a period of 90 days from date of presentation of representation.
7. It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/-
(Rakesh Mohan Pandey)
Judge vatti