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2025 DAILYLAW 22454 (CHH)

JITENDRA NIYAL v. STATE OF CHHATTISGARH

WPS/3999/2021 · 2025-08-04

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:38711 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3999 of 2021 * - Jitendra Niyal S/o Late Shri Radheshyam Niyal Aged About 45 Years R/o Katore Talab, Opposite Laxmi Mobile Gali, Raipur, Chhattisgarh Working On Post Of Assistant Revenue Inspector, Municipal Corporation, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Urban Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 2 - Commissioner Municipal Corporation, Raipur, District : Raipur, Chhattisgarh ... Respondents For Petitioner : Mr. Ishan Verma, Advocate For Respondent No. 1 For Respondent No. 2 : : Mr. Shubham Bajpai, Panel Lawyer Mr. Pankaj Agrawal, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 05/08/2025 1. The petitioner has filed this petition seeking the following relief(s):- 10.1 This Hon’ble Court may kindly be pleased to issue directions to the respondent authorities to consider the candidature of the petitioner for time bound promotion on the post of Revenue Sub Inspector from Assistant Revenue Inspector, by filing up sanctioned backlog posts (Schedule Caste Category) which are lying vacant. 10.2 That, this Hon’ble Court may be kind enough to issue directions to the respondent authorities to consider the candidature of the petitioner for promotion to the post of Revenue Sub Inspector from Assistant Revenue Inspector, from the reserved sanctioned Schedule Caste category backlog posts which are lying vacant. Digitally signed by RAMESH KUMAR VATTI Date: 2025.08.07 20:15:26 +0530 2 10.3 That, this Hon’ble Court may be kind enough to direct the respondent authorities to consider the claim of the petitioner and grant him consequential seniority on the post of Revenue Sub Inspector from the year 2015. 10.4 This Hon’ble Court may kindly be pleased to grant any other writ / writs, order / orders, relief / reliefs in favour of the petitioner, which the Hon’ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner. 2. Mr. Ishan Verma, learned counsel appearing for the petitioner would submit that the petitioner has already been promoted to the post of Revenue Sub-Inspector from the post of Assistant Revenue Inspector in the year 2023, therefore, the petitioner is confining his petition with regard to relief clause No. 10.3 for grant of notional seniority from the year 2015 and the date from which the petitioner seeking promotion from backlog vacancy for scheduled caste. He would contend that the petitioner may be permitted to make a representation raising all his grievances before respondent No.2 and in turn, the authority concerned may be directed to decide it expeditiously within stipulated time strictly in accordance with law. 3. On the other hand, learned counsel appearing for the respective respondents would oppose. They would submit that the petitioner has filed this petition in the year 2021 and he is claiming seniority since 2015 and thus, the claim of the petitioner is hit by principles of delay and laches. They would contend that the petitioner has already been promoted, therefore, this petition has become infructuous. 4. I have heard learned counsel for the parties and perused the documents. 3 5. Considering the limited prayer made by Mr. Ishan Verma, this petition, at this juncture, is disposed of reserving liberty in favour of the petitioner to make a representation raising all his grievances before respondent No. 2 and in turn, the authority concerned is directed to decide it preferably within a period of 120 days in objective manner from the date of receipt of copy of this order. 6. With the aforesaid direction(s) / observation(s), the petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti