Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:11748
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5851 of 2018 1 - Sanjay Kumar Sahu S/o Shri Ram Sudeen Sahu Aged About 29 Years R/o Matpara Near Bilaspur Chowk, Ambikapur, Tahsil Ambikapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Commissioner, Land Record, Indravati Bhawan, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Collector, Ambikapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 4 - The Sub Divisional Officer (Revenue) Ambikapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 5 - Vishnu Das S/o Parwan Das Presently Working As Patwari, Halka Number 27 At Sarkariya, Tahsil Lakhanpur, District Ambikapur Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Respondents For Petitioner
: Mr. K.P. Sahu, Advocate For State
: Mr. Vedant Shadangi, Panel Lawyer Hon'ble Shri Justice
Rakesh Mohan Pandey
Order on Board 10.03.2025
1. The petitioner has filed this petition seeking the following relief(s):-
“10.1 That, this Hon'ble may kindly be pleased to direct REKHA SINGH Digitally signed by REKHA SINGH Date: 2025.03.12 10:46:37 +0530
-2- the respondent authorities to consider the seniority of the petitioner to the post of Patwari from the date whereby the respondent no. 5 has been considered for the post of Patwari i.e. 23.10.2015. 10.2 That, this Hon'ble may kindly be pleased to grant any other relief as it may deems fit and appropriate.”
2. Mr. Sahu, the learned counsel appearing for the petitioner would submit that the petitioner was selected for Patwari Training and he along with other eligible candidates completed the training programme on 14.10.2015. He would further submit that the name of the petitioner was at serial No.1 in the list for the district Sarguja. He would contend that the Collector District Sarguja issued an
order of appointment in favour of one Vishnu Das who was at serial No.55 but the name of the petitioner was not considered. He would further contend that the petitioner was offered an appointment vide order dated 22.05.2017 and thus, he would pray that a direction may be issued to the respondents to make payment of arrears of salary and reckon the seniority from
14.10.2015.
3. On the other hand, Mr. Shadangi, the learned Panel Lawyer appearing for the State would oppose the submissions made by Mr. Sahu. He would submit that a criminal case was pending against the petitioner. He would further submit that the petitioner was acquitted vide judgment dated 02.12.2016 passed by the Principal Magistrate, Juvenile Board, Ambikapur Surguja in Criminal Case No.188/2003 and thereafter a decision was taken with regard to the issuance of the order of appointment in favour of the petitioner.
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4. Heard learned counsel appearing for the parties and perused the documents placed on the record.
5. Taking into consideration the fact that a criminal case was pending against the petitioner and he was acquitted vide order dated 02.12.2016 and thereafter, the order of appointment was issued in favor of the petitioner on 22.05.2017, I do not find any illegality or infirmity in the decision taken by the respondent authorities.
6. Consequently, the present petition fails and is hereby dismissed. No cost(s).
Sd/-
(Rakesh Mohan Pandey)
Judge Rekha