1 2025:CGHC:19596 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5988 of 2017 1 - Damaru Ram Rana S/o Shri Shyam Singh Rana, Aged About 31 Years R/o Village Badedongar, Police Station And Tahsil Farasgaon District Kondagaon, Civil And Revenue District Kondagaon Chhattisgarh., Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Tribal Welfare And Development Department, Mahanadi Bhavan, Mantralay, New Raipur Chhattisgarh., Chhattisgarh 2 - The Commissioner, Tribal Welfare And Development Department, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Assistant Commissioner Tribal Development, Kondagaon, District Kondagaon Chhattisgarh., District : Kondagaon, Chhattisgarh 4 - Collector, Kondagaon, District Kondagaon, Chhattisgarh., District : Kondagaon, Chhattisgarh 5 - Sonau Ram Maravi, S/o Shri Mansingh Maravi, Aged About 44 Years R/o Through Assistant Commissioner Officer, Kondagaon, District Kondagaon Chhattisgarh., District : Kondagaon, Chhattisgarh ---- Respondents ----------------------------------------------------------------------------------------- For Petitioner : Ms. Renu Kochar, Advocate. SMT NIRMALA RAO -2- For Respondent/State : Shri Pramod Shrivastava, Dy.G.A. ----------------------------------------------------------------------------------------- Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 30.04.2025 1. The petitioner has filed this petition seeking the following reliefs:- “10.1.That the Hon'ble Court be pleased to call for the entire records in connection of the petitioner's cases. 10.2. That the Hon'ble court be further pleased to direct the Respondent authorities to consider the case of the petitioner for selection on the post of peon in contingency establishment as the petitioner is declared successful candidate. 10.3. Any other order that the Hon'ble Court deems fit and necessary in the circumstances of the case be also passed. 10.4. That the cost of the petition be also awarded to the petitioners.” 2. Learned counsel for the petitioner would submit that the petitioner and respondent No.5 secured equal marks in the recruitment process for the post of Peon in the contingency service, pursuant to the advertisement issued by the office of the Collector, District Kondagaon, Chhattisgarh. She would further submit that there are other vacancies available with the Collector, Kondagaon, therefore, the petitioner may be permitted to make a representation before the 3 concerned Collector and a direction may be issued to the said authority to consider the claim of the petitioner. 3. On the other hand, learned counsel for the State would submit that respondent No.5 was older than the petitioner therefore his name was considered for selection and appointment. He would contend that respondent No.5 was appointed in the year 2016, and as a result, the claim of the petitioner was rejected. 4. Heard. 5. Admittedly, the appointment was offered to respondent No.5 as he was older than the petitioner and the approach of the respondent authorities appears to be fair and reasonable, however, the petitioner would be at liberty to make a representation before the Collector, Kondagaon and in turn, the concerned authority is directed to decide the representation expeditiously in accordance with the law. 6. Accordingly, the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nimmi