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2025 DAILYLAW 25001 (CHH)

SUSHIL KUMAR GUPTA v. STATE OF CHHATTISGARH

WPS/4054/2025 · 2025-06-04

Shri Arvind Kumar Verma

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Judgment text

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1 2025:CGHC:22515 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4054 of 2025 1 - Sushil Kumar Gupta S/o Shri C.P. Gupta Aged About 59 Years R/o 302 Sunder Nagar, Raipur, District Raipur (C.G.) 2 - Madhusudan Empran S/o Shri Narayan Vishnu Empran, Aged About 58 Years R/o New Shanti Nagar, Shankar Nagar, Raipur, District Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 2 - The Engineer-In-Chief Water Resources Department Chhattisgarh, Shivnath Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 3 - Stanislaus Ekka Posted As Executive Engineer, Office Of Engineer-In- Chief, Shivnath Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 4 - Abhay Akolekar Posetd As Executive Engineer, Office Of Engineer-In- Chief, Shivnath Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 5 - Shankarlal Dwivedi Posted As Executive Engineer, Water Resources Division, Korea, District Korea (C.G.) ---- Respondent(s) KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 For Petitioners : Mr. Goutam Khetrapal, Advocate. For Respondents : Mr. Vinay Pandey, Dy. Advocate General. Hon'ble Shri Justice Arvind Kumar Verma, Judge Order on Board 05/06/2025 1. Heard. 2. Learned counsel appearing for the parties submit that the issue involved in this writ petition has already been considered and decided by this Court in WPS No. 614/2024 (Suresh Kumar Pandey Vs. State of Chhattisgarh and others), decided on 09.02.2024 whereby this Court observed as under:- “4. On examination of the documents produced by the petitioners clearly shows that before their appointment as Sub-Engineer, the petitioners were holding the graduate degree whereas, Respondents No.3 & 4 were not possessed the graduate degree. At the time of their appointments, they possessed the graduate degree subsequent to their appointments on 01.02.1990 & 10.10.1995 respectively. Therefore, the case of the petitioners for grant of seniority over and above to Respondents No.3 & 4 is being governed by statutory Governing Rules 1968 and the law laid down by Hon'ble the Supreme Court in case of Ramesh Kumar (Supra), therefore, considering this aspect, the Petition is disposed of with a direction to Respondent/competent authority to 3 decide the pending representation (Annexure….of the petitioner for grant of seniority over and above to Respondents No.3 & 4 accordance with statutory governing Rules and the law laid down by Hon'ble the Supreme Court in case of Ramesh Kumar (Supra) and pass an order within an outer limit of 45 days from the date of receipt of certified copy of this Order.” 3. In view of above, the present writ petition is disposed off in terms of the order passed by this Court in WPS No. 614/2024. No order as to cost(s). - S/- Sd/- (Arvind Kumar Verma) Judge Kunal