1 WPS No. 5502 of 2020 2025:CGHC:46776 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5502 of 2020 1. Babu Lal Dewangan S/o Late Shri Latel Ram Dewangan, Aged About 61 Years Assistant Grade- 3, District Panchayat, Rajnandgaon, District Rajnandgaon Chhattisgarh ... Petitioner versus 1. State Government Of Chhattisgarh Through The Secretary, Revenue Department Ministry Atal Nagar, Capital Complex, Mahanadi Bhawan, P.S. Rakhi, New Raipur Chhattisgarh 2. Collector, Rajnandgaon Chhattisgarh 3. Chief Executive Officer, District Panchayat Rajnandgaon Chhattisgarh ... Respondents For Petitioner : Mr. Satya Kumar Mandloi, Advocate For State/ Respondents No.1 & 2 For Respondent No.3 : : Mr. Santosh Soni, G.A. None (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 12/09/2025 2 WPS No. 5502 of 2020 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India, seeking following relief:- “10.1 That, this Hon’ble Court may kindly be pleased to order collector Rajnandgaon to order to take back in service the petitioner in revenue department, as he has not given his consent to merge his service in District Panchayat, Rajnandgaon, and to pass order of retirement giving benefit as is applicable to 22 peons appointed with him vide order of appointment dated 12.2.1983 Annexure P-4. 10.2 That, any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Learned counsel for the petitioner submits that vide order dated 12.2.1983 (Annexure P4) passed by the Collector, Rajnandgaon, petitioner was appointed in the office of Chief Executive Officer, District Rural Development Abhikaran, Rajnandgaon (for Short ‘DRDA’) on the post of Peon. Petitioner was promoted on the post of Lower Division Clerk (LDC) in aforesaid office and as of now he has retired from the aforesaid office from the Post of LDC in the year 2020. He further submits that petitioner was appointed vide order dated 12.2.1983 (Annexure P4) passed by the Collector, Rajnandgaon, therefore, his appointment was in the office of District Collector, Rajnandgaon, but, he was posted in the office of DRDA, Rajnandgaon. In this regard, petitioner has continuously filed applications for his posting in the office of District Collector/ Revenue Department, but, his application was never considered and ultimately his representation dated 29.6.2020 was rejected vide impugned order Annexure P1 dated 10.7.2020 by the Upper Collector, District 3 WPS No. 5502 of 2020 Rajnandgaon. Learned counsel further submits that since appointment of petitioner was made by the Collector, Rajnandgaon, but, he was posted in the office of DRDA, Rajnandgaon without his consent, therefore, he prayed that relief sought for by the petitioner may be granted to him by setting aside impugned order Annexure P1. 3. Respondent No.3, who is main contesting party has filed his reply and State/ Respondents No.1 and 2 has also filed their separate reply. 4. Learned State counsel while referring to its reply submits that petitioner was initially appointed by the order of District Collector, but the appointment of petitioner was made to the office of DRDA, Rajnandgaon right from the year 1983. Petitioner ever since had been under the control and supervision of DRDA, Rajnandgaon and was granted promotion on the post of LDC in that office. He further submits that during the existence of DRDA, the District Collector happened to be the Chairman of DRDA, therefore, the petitioner was appointed under the order of Collector. Clause 3 of order Annexure P4 also speaks that his appointment was made in the office of DRDA, Rajnandgaon. He also submits that after the enactment of the Panchayat Raj Adhiniyam, 1993, the office of the District Rural Development Abhikaran was merged into the Jila Panchayat, and thereafter, the Jila Panchayat was the competent authority for administration, control and supervision of the employees posted under the erstwhile DRDA. Thus, after merger of DRDA into Jila Panchayat, petitioner was employee of Jila Panchayat, Rajnandgaon and he has been retired from that office. Learned counsel next submits that since by appointing petitioner on the post of Peon in the office of DRDA, the District Collector happened to be the Chairman of DRDA by virtue of post, therefore, appointment order of petitioner Annexure P4 was issued 4 WPS No. 5502 of 2020 by the office of Collector, Rajnandgaon, but, only because of that, it cannot be said that petitioner was appointed in the office of Collector, Rajnandgaon or under the Revenue Department. Further, if petitioner would have any grievance then he ought to have filed writ petition within reasonable period from the date of his appointment, but, instant petition has been filed on 13.10.2020, thus, petition has been filed belatedly and on this count also it is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Perusal of appointment order Annexure P4 dated 12.2.1983 shows that petitioner was appointed on the post of Peon and clause 3 of the said order clearly demonstrate that his appointment was made in the office of DRDA, Rajnandgaon and was posted there. Document (Annexure R/3-2) filed by respondent No.3 also shows that service book of petitioner was also prepared by DRDA, Rajnandgaon. As contended by learned counsel for respondents, by virtue of post, the Collector, Rajnandgaon was chairman of DRDA which was subsequently merged into Jila Panchayat, Rajnandgaon, therefore, order of appointment of petitioner (Annexure P4) has been issued by the office of Collector, Rajnandgaon, but only because of that, it cannot be held that petitioner was appointed to the post of Peon in the office of Collector/ Revenue Department, Rajnandgaon. Further, if petitioner would have any grievance with his appointment order or his place of posting and despite requests / applications filed by him, his grievance had not been redressed, then, petitioner ought to have filed writ petition at the earlier point of time, but, instant writ petition has been filed by him on 13.10.2020, i.e., after more than 25 years from his appointment. Further after completion of his service, petitioner has been retired in the 5 WPS No. 5502 of 2020 year 2020 from the office of Jila Panchayat, Rajnandgaon, therefore, having considered aforesaid facts, petitioner is not found to be entitled for relief sought for by him. 7. Accordingly, writ petition sans merit is liable to be and is hereby dismissed. 8. Pending interlocutory application(s), if any, stands disposed of. SD/- (Naresh Kumar Chandravanshi) JUDGE Ayushi AYUSHI SINGH Digitally signed by AYUSHI SINGH Date: 2025.09.16 15:31:37 +0530