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2025 DAILYLAW 31032 (CHH)

ASHOK KUMAR SONKAR v. STATE OF CHHATTISGARH

WPS/5444/2018 · 2025-07-14

Shri Rakesh Mohan Pandey

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Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5444 of 2018 1 - Ashok Kumar Sonkar S/o Shree Fenkuram Sonkar Aged About 50 Years R/o Sattipara, Ambikapur, Police Station And Post Office, Ambikapur, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 2 - Rajendra Sharma S/o Late Krishna Sharma Aged About 55 Years R/o Darripara, Ambikapur, Police Station And Post Office Ambikapur, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 3 - Durgesh Kumar Sinha S/o Shree Nawal Kishore Sinha Aged About 48 Years R/o Babupara, Ambikapur, Polise Station And Post Office Ambikapur, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 4 - Deependra Kumar Hayaran S/o B.L. Hayaran Aged About 54 Years R/o Sattipara, Ambikapur, Polise Station And Post Office Ambikapur, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 5 - Satyendra Prasad Sinha S/o Late Chandrika Prasad Sinha Aged About 50 Years R/o Ambikapur, Polise Station And Post Office Ambikapur, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Tribal Development Department, Indaravati Bhawan, Naya Raipur, Police Station And Post Office Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Commissioner Tribal Development Department, Indravati Bhawan, Naya Raipur, Polise Station And Post Office Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Director Tribal Development Department, Indravati Bhawan, Naya Raipur Polise Station And Post Office Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 4 - Assistant Commissioner Tribal Development Department, Surguja Ambikapur, Polise Station And Post Office Ambikapur, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 5 - Collector Surguja Ambikapur, Polise Station And Post Office Ambikapur, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ... Respondents For Petitioners : Ms. Priyanka Mehta, Advocate. REKHA SINGH Digitally signed by REKHA SINGH 2 For State : Mr. Shubham Bajpayee, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 15.07.2025 1. By way of this petition, the petitioners have sought the following relief(s):- “1] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions to respondents to quash gradation lists Annex. P/1 and publish amended/fresh gradation lists in place of Annex. P/1 placing/adding name of petitioners and they further may kindly be directed to consider the case of the petitioners for promotion on the post of Junior Account Officer. 2] That, the Hon'ble Court may kindly be pleased to grant any other relief, which is deemed fit and proper.” 2. Learned counsel appearing for the petitioners would submit that the petitioners were appointed to the post of Assistant Grade-III under the respondents in the year 1991. She would further submit that the petitioners were promoted to the post of Accountant vide order dated 11.11.2009. Respondent No.2 directed respondent No.4 to publish gradation list of Accountants. Respondent No.4 submitted a detailed information in this regard on 15.03.2018, 05.06.2018 and 23.07.2018. She would submit that in the gradation list published with effect from 01.04.2016, names of the petitioners are not present in the gradation list of accountant in the Tribal Department. She would contend that despite recommendations made by respondent No.4 and representations made by the petitioners, no decision has been taken yet. She would submit that a direction may be issued to respondent No.2 to consider the grievances of the petitioners. 3. On the other hand, the learned counsel appearing on behalf of the 3 State would oppose. 4. Heard the learned counsel appearing for the parties and perused the documents placed on record. 5. Taking into consideration the limited issue involved in the present case, the petitioners are permitted to make detailed representations before respondent No.2 claiming therein seniority at appropriate place in the gradation list and in turn, the authority concerned is directed to decide such representation(s) made by the petitioners preferably within a period of 120 days from the date of receipt of a copy of this order. 6. With the aforesaid observation and direction, the instant petition is hereby disposed of. sd/- (Rakesh Mohan Pandey) JUDGE Rekha