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2025 DAILYLAW 45017 (CHH)

B. R. Pagare v. State of Chhattisgarh

WPS/10440/2019 · 2025-09-17

Shri Deepak Kumar Tiwari

body2025

Judgment text

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1 2025:CGHC:47944 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10440 of 2019 1 - B. R. Pagare S/o. Late Shri Faguji Pagare Aged About 61 Years Posted As Cooperative Inspector, Cooperative Societies, R/o. C/o Ghanshyam Pagare, Ward No. 13, Near Station Para, Rajnandgaon, District Rajnandgaon Chhattisgarh, Civil And Revenue District Rajnandgaon ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Cooperative Affairs, Mahanadi Bhavan, Mantralay, New Raipur Chhattisgarh 2 - The Registrar Co-Operative Societies, Raipur, Indrawati Bhavan, New Raipur, District Raipur Chhattisgarh 3 - The Deputy/Assistant Registrar Co-Operative Societies, Balod, District Balod Chhattisgarh 4 - Rameshwar Prasad Kori Aged About 55 Years, Senior Co-Operative Inspector, Office Of Dy. Registrar, Co-Operative Societies, Raigarh (C.G.) ... Respondents For Petitioner : Mr. Manoj Kumar Sinha, Advocate For Respondent/State : Mr. Rajeev Bharat, GA PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.09.24 11:48:18 +0530 2 Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 18/09/2025 1. This petition has been filed for the following reliefs: “10.1 That the Hon’ble Court be pleased to call for the entire records in connection of the petitioner’s cases. 10.2 That the Hon’ble Court be further pleased to quash the impugned order dated 21.10.19 rejecting the claim of the petitioner and 19.02.13 (Annexure P/1) passed by the Respondent No.2 granting promotion of the Respondent No.4. 10.3 That the Hon’ble Court be further pleased to direct the Respondent No.2 to re-consider the petitioner’s case for grant of promotion on the post of Senior Cooperative Inspector from the date when his junior promoted. 10.4 Any other order that that Hon’ble Court deems fit and necessary in the circumstances of the case be also passed. 10.5 That the cost of the petition be also awarded to the petitioners.” 2. At the outset, learned counsel for the State submits that on the date of the DPC, the petitioner had not filed the property return, which is a mandatory condition for considering promotion and for clearance of vigilance, as per the Circular issued on 17.07.2012 by the General Administrative Department of the State for strict compliance of Rule 19 of the C.G. Civil Services (Conduct) Rules, 1965. Further, as per the 3 direction made in WPS No.5238/2016 vide order dated 20.08.2019, the representation of the petitioner has been duly considered and the said reason was communicated on 21.10.2019. He would further submit that the petitioner was not eligible on the date of issuance of the promotion order dated 19.02.2013, as the petitioner himself has stated that he has filed the property return subsequently to the issuance of the promotion order on 20.02.2013 by the Deputy Registrar, Cooperative Society, Rajnandgaon, vide its letter dated 20.02.2013 to the Registrar, Cooperative Institution, C.G. 3. In view of the aforesaid submission, counsel for the petitioner submits that he does not want to press this Petition. However, he may be granted liberty to file a better constituted petition. 4. Learned counsel for the State would not oppose the aforesaid prayer. 5. Accordingly, the Writ Petition is disposed of reserving the liberty as prayed for. Sd/- (Deepak Kumar Tiwari) Judge Priyanka