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2025 DAILYLAW 23294 (CHH)

Pawan Kumar Markandey v. State Of Chhattisgarh

WPS/6713/2017 · 2025-04-07

Shri Rakesh Mohan Pandey

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

-1- 2025:CGHC:16325 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6713 of 2017 1 - Pawan Kumar Markandey S/o Late Shri Ram Prasad Markandey, Aged About 58 Years Working As Accountant, Govt. Higher Secondary School, Sihawa, District Dhamtari, Chhattisgarh., Chhattisgarh 2 - Vijay Kumar Rajput S/o Late Shri Hardatt Singh Rajput, Aged About 57 Years Working As Accountant, Block Education Office, Pali, District Korba, Chhattisgarh., District : Korba, Chhattisgarh 3 - Ramesh Kumar Patel, S/o Shri I. R. Patel, Aged About 58 Years Working As Accountant, Block Education Office, Katghora, District Korba, Chhattisgarh., District : Korba, Chhattisgarh 4 - Sumiran Singh Maravi, S/o Late Shri Ram Singh Maravi, Aged About 59 Years Working As Accountant, Govt. Higher Secondary School, Korbi, Dhatura, Block Pali, District Korba, Chhattisgarh., District : Korba, Chhattisgarh 5 - Parmeshwar Singh Jagat, S/o Late Shri Bhagwani Ram Jagat, Aged About 40 Years Working As Accountant, Govt. Higher Secondary School, Korbi Dhatura, Block Pali, District Korba, Chhattisgarh., District : Korba, Chhattisgarh 6 - Rajesh Kumar Mishra, S/o Late Shri Satya Narayan Mishra, Aged About 38 Years Working As Accountant, Block Development Education Office, Wardrafnagar, District Balrampur- Ramanujganj, Chhattisgarh., District : Balrampur, Chhattisgarh ... Petitioner(s) versus Digitally signed by NADIM MOHLE -2- 1 - State Of Chhattisgarh Through The Secretary, Scheduled Tribe And Scheduled Caste Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh., Chhattisgarh 2 - Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 4 - Commissioner, Scheduled Tribes And Scheduled Caste Development Department, Indrawati Bhawan, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Amrito Das, Advocate For State : Mr. R.S. Marhas, Additional Advocate General Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 07.04.2025 1) The petitioner has filed this petition seeking the following relief(s):- “10.1. This Hon'ble Court may kindly be pleased to call for the entire record concerning the issuance of the order dated 12.10.2017 from the respondent-authorities for its perusal. 10.2 This Hon'ble Court may kindly be pleased to issue an appropriate writ quashing and setting aside the order dated 12.10.2017 (ANNEXURE P/1). 10.3 This Hon'ble Court may kindly be pleased to pass an appropriate order directing the respondent-authorities to consider the petitioners along with other suitable candidates belonging to the cadre of Accountants in the Tribal Welfare Department for promotion to the post of Junior Accounts Officer. -3- 10.4 Any other relief, which this Hon'ble Court, may deem fit and proper, in the facts and circumstances of the case.” 2) Learned counsel for the petitioner submitted that respondent No.1 issued an order dated 12.10.2017 pursuant to the notifications dated 10.03.2015 and 03.06.2015. By this order, the General Administration Department altered the appointing and disciplinary authority for teachers and staff of the Tribal Development Department, which is contrary to the existing rules and procedures. He would further submit that the order dated 12.10.2017 is illegal, arbitrary and contrary to the prevailing Rules. He also submitted that the notifications dated 10.03.2015 and 03.06.2015, on the basis of which the impugned order has been issued, have already been quashed by the Hon’ble Division Bench in W.P. No. 1305/2005 and other connected matters. Accordingly, he prayed for quashing of Annexure P/1. 3) Mr. Ranbir Singh Marhas, learned Additional Advocate General, appearing for the State, submitted that the notifications/orders dated 10.03.2015 and 03.06.2015 have already been quashed by the Hon’ble Division Bench. 4) Heard. 5) Considering the fact that the foundation of the order dated 12.10.2017, the notifications/orders dated 10.03.2015 and 03.06.2015, have already been quashed by the Hon’ble Division Bench, therefore the impugned order dated 12.10.2017 is not sustainable in law. Accordingly, the said order is hereby -4- quashed. The petition is accordingly allowed. 6) The petitioner shall be at liberty to approach the respondent authorities for redressal of his grievances in accordance with the fresh notification. Sd/- (Rakesh Mohan Pandey) Judge Nadim