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2025 DAILYLAW 25740 (CHH)

Chhotelal Suryavanshi (Died Through Lrs) v. State Of Chhattisgarh and Ors.

WPS/3108/2013 · 2025-07-06

Shri Sachin Singh Rajput

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Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3108 of 2013 1 - Chhotelal Suryavanshi (Died Through Lrs) As Per Honble Court Order Dated 10-02- 2025 1.1 - Radha Bai Suryavanshi Wd/ Chhotelal Suryavanshi Aged About 56 Years R/o Ward No. 31 Krishna Nagar Juna Bilaspur Behind Nagorao School Bilaspur District - Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh And Ors. S/o Through Secretary Deptt. Of Avas And Pariyojana Mantralaya New Raipur, District Raipur C.G. , Chhattisgarh 2 - State Of Madhya Pradesh Through Secretary Awas And Pariyojna Deptt. Vallabh Bhavan Bhopal Mp , District : Bhopal, Madhya Pradesh 3 - The Director Nagar Tatha Gramin Nivesh Raipur, Tahsil And District Raipur C.G. , District : Raipur, Chhattisgarh 4 - The Director Nagar Tatha Gramin Nivesh Raipur Tahsil And District Raipur C.G. , District : Raipur, Chhattisgarh 5 - The Joint Director Nagar Tatha Gramin Nivas Raipur C.G. , District : Raipur, Chhattisgarh 6 - The Collector Bilaspur C.G. , District : Bilaspur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Vivek Shrivastava, Adovcate For State : Mr. Dilman Rati Minj, GA For Respondent : Mr. Manish Nigam, Advocate HON’BLE SHRI JUSTICE SACHIN SINGH RAJPUT Order on Board 2 07/07/2025 This writ petition has been filed by the petitioner claiming following reliefs : 10.1 That, this Hon'ble Court may kindly be pleased to call the entire record relating to the petitioner for kind perusal of this Hon'ble Court. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to pay the compensation to the tune of Rs. 12 lakhs towards harassment by treating the petitioner as Harijan, till treatment torture etc after recovering the said sum from the pension and salary of respondent No.4 to 6 whose particulars narrated in para No.8.1 of the petition. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to given national promotion as Assistant Director and thereafter be promoted on the post of Deputy Director for which the petitioner is entitled. 10.4 That, the Hon'ble Court may further be pleased to grant such other relief(s) as may be deemed fit and proper in the interest of justice and fair play. 2. Facts of the case which emerges from pleading is that the petitioner who is 'Harijan' is constantly disappointed, tortured, mentally harassed by the staff and officers of respondents. The petitioner was insulted, several complaints were submitted to authorities who suspended him and subsequently revoked suspension, salary is withheld and was directed not to sign the Attendance Register and marked him absent. Financial hammer was used to starve the petitioner and compel him to resign from the govt. Service or serve as 'Slave' of the officials of the department. Increment is not granted from 1978, TA/DA Medical bills were not sanctioned. The petitioner was restrained from official duties. Against the atrocities the petitioner filed civil suit which was lateron transferred to S. A. T. Jabalpur which was registered as Τ.Α.Νο. 5582/88. The same was returned to Civil Court at Bilaspur on formation of separate state of Chhattisgarh. Constitutional right of equality before law has been denied and all the service and retítial benefits are withheld and he is forced to retire on 30.11.2004. Hence this petition. 3. Learned counsel for the petitioner submits that the petitioner after joining his duties was transferred from Bhopal to Bilaspur, the petitioner has been treated as 3 untouchable by staff from bottom to top. He was harassed humiliated torched and his TA Bills, medical bills have not been sanctioned by the respondent authorities but his he is entitled to promotion on being belonging to scheduled caste category, he has been denied the promotion. Therefore, following reliefs have been claimed. 4. Learned counsel for the respondents opposes the submission made by the learned counsel for the petitioners and submits that the writ petition highly belated that he retired in the service and civil suit was filed by him has also dismissed and no appeal was preferred by the petitioner against the civil suit and judgment and decree. The compensation has been claimed as per paragraph 8.1 of the writ petition however, the persons have not been arrayed as a party. They further submit that the damages claim by the petitioner cannot be decided in the jurisdiction is required to be decided after leading the evidence, therefore, they submit that the writ petition may be dismissed. 5. Though many reliefs have been claimed in this writ petition including the promotion and claiming compensation. It appears that the civil suit has also been filed against the State Government with regard to his grievances that he has not been paid TA, DA and other admissible dues. The civil suit appears to have been dismissed by the civil Court on 10.12.2008. No specific pleading has been taken as to when the petitioner was mistreated by the officers and staff of the respondents. Only vague allegations have been leveled which cannot be looked into in the writ jurisdiction particular no specific pleading is made against the particular officer. Therefore, this writ petition is liable to be and is hereby dismissed. 6. Consequently, all pending applications are disposed of. Sd/- (Sachin Singh Rajput) JUDGE Pawan