T. RADHAKRISHNAN (RETIRED I. A. S.) v. STATE OF CHHATTISGARH
REVP/137/2023 · 2025-04-24
Shri Naresh Kumar Chandravanshi
Review Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 39146 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39146 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:18537
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 137 of 2023 T. Radhakrishnan (Retired I. A. S.) S/o Late C. Thankappan Aged About 67 Years R/o Flat No. B-2, Zachs Enclave, No. 3, A-Block, 2nd Avenue Road, Anna Nagar (East) Chennai 600102
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, General Administration Department, Secretariat, Mahanadi Bhawan, Atal Nagar, Raipur (C.G.) 492002 2 - State Of Chhattisgarh Through The Secretary, Finance Department, Secretariat, Mahanadi
Bhawan,
Atal
Nagar,
Raipur
(C.G.)
492002 3 - State Of Chhattisgarh Through The Secretary, Tourism Department, Secretariat, Mahanadi Bhawan, Atal Nagar, Raipur (C.G.) 492002.
... Respondent(s) For Petitioner : Mr. MPS Bhata, Advocate For Respondents/ State : Mr. Santosh Soni, Govt. Advocate
(Hon’ble Shri Justice Naresh Kumar Chandravanshi)
Order on Board 24/04/2025
1. With the consent of the parties, the matter is heard finally.
2. This review petitioner has been preferred by the petitioner for review/recall of the Order dated 02.02.2021 (Annexure-A/1) passed in WPS No.1784/2020.
3.
Learned counsel for the petitioner submits that the petitioner filed WPS No.1784/2020 seeking relief of quashment of Circular dated 13.02.2003 issued by Joint Secretary, General Administration Department, Govt. of Chhattisgarh. BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.04.25 10:24:54 +0530
2 But that writ petition was disposed of by this Court observing therein that the Court is not inclined to entertain the writ petition and granted liberty to the petitioner to avail appropriate remedy under Administrative Tribunals Act, as the dispute raised by the petitioner is service related dispute. Learned counsel further submits that the petitioner challenged that order in WA No.287/2022, which was withdrawn by the petitioner with liberty to file review petition and the same was permitted by the learned Division Bench vide Order dated 23.8.2023.
Learned counsel further submits that since the relief sought for by the petitioner in WPS No.1784/2020 was not a dispute related to service matter of the petitioner, rather he challenged the order issued by the State Government, as such, that order cannot be quashed by the Central Administrative Tribunal, and therefore, learned Division Bench permitted the petitioner to file review petition.
Learned counsel further prayed that this review petition may be allowed by recalling Order dated 02.02.2021 passed by this Court and WPS No.1784/2020 be restored.
4. Per contra, learned counsel for the State raised objection on the contention raised by learned counsel for the petitioner.
5. I have heard learned counsel for the parties and perused the material available on record as well as the record of WPS No.1784/2020.
6. In WPS No.1784/2020, the petitioner had challenged Circular dated 13.02.2003 issued by the Govt. of Chhattisgarh, whereby restrictions/directions were issued for the officials of the State of Chhattisgarh for travelling outside the State of Chhattisgarh. Therefore, the petitioner had filed aforesaid writ petition seeking following relief(s):- 10.1 This Hon’ble Court may be pleased to call for the records of the case for its kind perusal. 10.2 That this Hon’ble Court be pleased to quash the order dated 13/2/2003 issued by the Jt. Serectary GAD (Annexure-P/1)
3 10.3 That this Hon’ble Court be pleased to any other direction/order or writ against the respondents and in favour of the petitioner in the interest of justice.
7. Having considered the fact that the petitioner belongs to IAS cadre and dispute pertains to service, therefore, this Court had passed the following order on 02.02.2021:-
1. Since the petitioner belongs to IAS Cadre, the service related disputes of the Petitioner ought to have been raised before the concerned Central Administrative Tribunal.
2. Given the said fact, this Court at this juncture would not like to entertain the present writ petition, reserving the right of the Petitioner to avail appropriate remedy available to him under the Administrative Tribunals Act.
3. Writ Petition accordingly stands disposed of with the aforesaid observation.
8. On perusal of the petition, i.e. WPS No.1784/2020, it is found that vide
Order/Circular dated 13.02.2003 issued by Joint Secretary, General Administration Department, travelling of IAS and other officials outside the State of Chhattisgarh were restricted and various conditions were imposed. This Circular was challenged by the petitioner in WPS No.1784/2020 and relief of quashment of the same was sought by him.
9. Having considered the facts projected by the petitioner and the relief sought for by him in WPS No.1784/2020, I feel inclined to allow instant review petition.
10. Accordingly, this review petition is allowed and Order dated 02.02.2021 passed by this Court in WPS No.1784/2020 is recalled.
11. Registry is directed to restore WPS No.1784/2020 in its original number.
12. In view of the above, this review petition stands disposed of.
Sd/-
(Naresh Kumar Chadnravanshi) Judge Bini