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2025 DAILYLAW 41853 (CHH)

JAIKUMAR SHUKLA v. STATE OF CHHATTISGARH

WPC/5113/2025 · 2025-09-24

Shri Bibhu Datta Guru

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Judgment text

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1 2025:CGHC:49109-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5113 of 2025 1 - Jaikumar Shukla S/o Harishchandra Shukla Aged About 44 Years Posted As Computer Operator, Adim Jati Sewa Sahakari Samiti Maryadit Sothi District - Bilaspur (C.G.) 2 - Rajeshwar Vishwakarma S/o Sampat Lal Vishwakarma Aged About 39 Years Posted As Computer Operator, Adim Jati Sewa Sahakari Samiti Maryadit Dhaniya District - Bilaspur (C.G.) 3 - Krishan Kumar Vastrakar S/o Sokhiram Vastarkar Aged About 42 Years Posted As Computer Operator, Adim Jati Sewa Sahakari Samiti Maryadit Kukda District - Bilaspur (C.G.) 4 - Himanshu Pathak S/o Pradeep Kumar Pathak Aged About 45 Years Posted As Computer Operator, Adim Jati Sewa Sahakari Samiti Maryadit Janji District - Bilaspur (C.G.) 5 - Vikas Pandey S/o Ravishankar Pandey Aged About 27 Years Posted As Computer Operator, Adim Jati Sewa Sahakari Samiti Maryadit Deori District - Bilaspur (C.G.) 6 - Sharad Rao Magar S/o Trimbak Rao Magar Aged About 47 Years Posted As Computer Operator, Adim Jati Sewa Sahakari Samiti Maryadit Podi District - Bilaspur (C.G.) 7 - Rohinee Kumar Patel S/o Roopal Patel Aged About 48 Years Posted As Computer Operator, Adim Jati Sewa Sahakari Samiti Maryadit Kodiya District - Bilaspur (C.G.) ... Petitioners versus 1 - State of Chhattisgarh Through The Secretary, Cooperative Department Mahandi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 2 - Chhattisgarh State Cooperative Marketing Federation Limited Through Its Managing Director Head Office C.B.D. Sector- 2, Nawa Raipur, Atal Nagar, District - Raipur (C.G.) 3 - The Registrar Cooperative Societies Indrawati Bhawan Nawa Raipur Atal Nagar, District - Raipur (C.G.) 4 - The Chief Executive Officer District Cooperative Central Bank Limited Bilaspur (C.G.) ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 5 - The Collector Bilaspur District - Bilaspur (C.G.) 6 - The District Marketing Officer Bilaspur District - Bilaspur (C.G.) 7 - The Assistant Registrarar Cooperative Societies, Bilaspur District - Bilaspur (C.G.) ... Respondents ----------------------------------------------------------------------------------------------- For Petitioners : Mr. Kamlesh Kumar Pandey, Advocate For State/ Respondents : Mr. Y.S. Thakur, Addl. Advocate General For Respondent Nos.2 & 6 : Mr. Animesh Tiwari, Advocate ----------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha, Chief Justice 25.09.2025 1. Heard Mr. Kamlesh Kumar Pandey, learned counsel for the petitioners as well as Mr. Y.S. Thakur, learned Additional Advocate General, appearing for the State and Mr. Animesh Tiwari, learned counsel appearing for respondent Nos. 2 & 6. 2. The present petition has been filed by the petitioners with the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to quash the impugned notice/ tender dated 11.04.2025, 19.06.2025, 29.07.2025 & 19.08.2025 (Annexure P/1) so far it relates to the recruitment on the post of Data Entry Operator for the place where the petitioner is working. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the claim of petitioner for regularization, expeditiously adopting humanitarian approach, sympathetically, considering 3 that the petitioner while continuing service has crossed maximum age as prescribed under the service rules of the State Government. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 3. Learned counsel appearing for respondent Nos.2 & 6 has pointed out that the petitioners are employees of the Tribal Service Cooperative Society, but the said Society has not been made a party respondent. 4. In that view of the matter, learned counsel for the petitioners submits that he may be permitted to withdraw the present petition with liberty to file a fresh petition on the same cause of action after properly impleading the Tribal Service Cooperative Society as a necessary party respondent. 5. Learned counsel appearing for the State as well as learned counsel appearing for respondent No.2 have no objection to the said submission. 6. Accordingly, the present petition is dismissed as withdrawn with the aforesaid liberty granted in favour of the petitioners. 7. Let the certified copies of the impugned annexures be returned to learned counsel for the petitioners after retaining photocopies of the same on record. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra