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2025 DAILYLAW 39129 (CHH)

RAKESH KUMAR PATEL v. CHHATTISGARH HOUSING BOARD

WPS/8107/2023 · 2025-04-09

Shri Naresh Kumar Chandravanshi

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Judgment text

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1 2025:CGHC:16741 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2865 of 2020 1 - Sunil Kumar Singh (Deleted) (In Compliance Of Honble Court Order Dated 22- 08-2024) 2 - Rakesh Kumar Patel S/o Shri D.R. Patel Aged About 37 Years Executive Engineer (Electrical), Chhattisgarh Housing Board, R/o E-3, Abhilash Parisar, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 3 - Narendra Chandrakar S/o L.J. Chandrakar Aged About 35 Years Assistant Engineer, Chhattisgarh Housing Board, R/o Mjg Delux 197, Phase II , Kabeer Nagar, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Pankaj Kumar Mishra S/o Harsh Narayan Mishra Aged About 33 Years Assistant Engineer, Chhattisgarh Housing Board, R/o Opposite Pooja Plastic Factory, Amalidhi Marg Devpuri, Raipur Chhattisgarh., District : Raipur, Chhattisgarh --- Petitioners versus 1 - Chhattisgarh Housing Board (Established U/s 3 Of Chhattisgarh Grihanirman Mandal Adiniyam 1972), Through Its Chairman , Head Quarters Paryawasbhawan, North Block Section 19, Naya Raipur , Atal Nagar, District Raipur Chhattisgarh. 2 - Commissioner Chhattisgarh Housing Board, Paryawas Bhawan, North Block Sector 19, Naya Raipur , Atal Nagar, District Raipur Chhattisgarh. 3 - Government Of Chhattisgarh Through The Secretary, Housing And Environment, Mantralaya , Mahanadi Bhawan, Raipur , District Raipur (C.G.). --- Respondents For Petitioners : Mr. Abhishek Sinha, Sr. Adv. with Mr. Ravindra Sharma and Ms. Khushboo Dua, Advocates For Respondents No.1 & 2 For State/respondent No.3 For Intervener : : : Mr. Sanjay Patel, Advocate Mr. Rajeev Bharat, Govt. Advocate Mr. Somkant Verma, Advocate 2 WPS No. 8107 of 2023 Rakesh Kumar Patel S/o Shri D.R. Patel, Aged About 40 Years Executive Engineer ( Electrical), Chhattisgarh Housing Board, R/o E - 3, Abhilasha Parisar, Bilaspur, Chhattisgarh. ---Petitioner Versus 1 - Chhattisgarh Housing Board ( Established U/s 3 Of Chhattisgarh Grih Nirman Mandal Adhiniyam, 1972), Through Its Chairman, Head Quarters, Paryawas Bhawan, North Block, Section 19, Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2 - Commissioner, Chhattisgarh Housing Board, Paryawas Bhawan, North Block, Section 19, Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh 3 - State Of Chhattisgarh Through The Secretary, Department Of Housing And Environment, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh 4 - A.K. Manhar, Executive Engineer, Electrical Division, Chhattisgarh Housing Board, Nawa Raipur, District : Raipur, Chhattisgarh --- Respondents (Cause title, as taken from CIS) For Petitioner : Mr. Abhishek Sinha, Sr. Adv. with Mr. Ravindra Sharma and Ms. Khushboo Dua, Advocates For Respondents No.1 & 2 For State/respondent No.3 For Respondent No.4 : : : Mr. Harshmander Rastogi, Advocate Mr. Rajeev Bharat, Govt. Advocate Mr. Somkant Verma, Advocate. (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 09/04/2025 In WPS No. 2865 of 2020 1. Heard. 2. Learned counsel appearing for the respondents No.1 & 2 would submit that resolution dated 27.06.2020 (Annexure -P/1), which is subject matter of 3 challenge, has been withdrawn by the Housing Board vide Resolution No.2104 /04/ 82/ 03/ 2025 in its meeting dated 26.03.2025 and it has been decided to have uniform rules for promotion to the post of Deputy Commissioner (Civil & Electrical). In this regard, affidavit has been filed by respondents No.1 & 2, in which, it has been specifically mentioned that with the aforesaid development, the resolution which is under challenge in WPS No.2865/2020, stand cancelled, thus no deviation in the rules for promotion on the same post of different branch is now being proposed by the Housing Board & Department, therefore WPS No.2865/2020 has become infructuous, as the relief sought for has already been granted to the petitioners. 3. In reply, learned counsel for the petitioners would submit that though relief sought for under Clause-A has been granted but respondents may be directed to consider the promotion of petitioners within a period specified by this Court, as in different stream i.e. Deputy Commissioner (Civil); two promotions have already been effected in respect of similarly situated employees. 4. On the above contention, learned counsel for the respondents No.1 & 2 would submit that since there is no different rules for promotion of employees of two streams, hence the issue of promotion of petitioners shall be considered after framing regulations. 5. In view of above contentions made by learned counsel for the parties, WPS No.2865/2020 is disposed of. However, respondents are directed to consider the issue of promotion of petitioners after framing/amending regulations, preferably within a period of six months from the date of receipt/submission of a copy of this order before respondents No.1 & 2. 6. Accordingly, WPS No.2865 of 2020 stands disposed of. 4 In WPS No. 8107 of 2023 1. At the outset, learned counsel appearing for the respondents No.1 & 2 would submit that the order dated 04.10.2023 passed by respondent No.2/Commissioner, Housing Board, which has been put to challenge in the instant petition, has been withdrawn in the light of resolution dated 26.03.2025 (Annexure R/A), therefore in the light of aforesaid resolution and additional affidavit filed by respondent No.2 in this regard, this petition has become infructuous as the order impugned has been withdrawn. 2. Learned counsel for the petitioner conceded the aforesaid facts and in view of above contention made by learned counsel for the respondents No.1 & 2, learned Sr. Advocate appearing for petitioner also submitted that, now in aforesaid changed circumstances, this petition has rendered infructuous. 3. Having considered the aforesaid contentions of learned counsel for the parties, without going into the merits of the instant petition, the same is dismissed as having become infructuous. Sd/- (Naresh Kumar Chandravanshi JUDGE Rukhsar RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2025.04.09 16:49:21 +0530