1 2025:CGHC:52380-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5586 of 2025 Malikram Patel S/o Kanhaiyalal Patel, Aged About 42 Years Posted As Computer Operator, Adim Jati Sewa Sahakari Samiti Maryadit, Tumaan, Branch- Barpali, District Korba (C.G.) --- Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Cooperative Department, Mahanadi 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-21, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 3. The Registrar, Cooperative Societies, Indravati Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 4. The Chief Executive Officer, District Cooperative Central Bank Limited, Korba (C.G.) 5. The Collector, Korba, District Korba (C.G.) 6. The District Marketing Officer, Korba, District Korba (C.G.) 7. The Assistant Registrar, Cooperative Societies, Korba, District Korba (C.G.) 8. The President, Sewa/ Aadiwasi Sewa Sahakari Samiti Maryadit, Chiknipali, Branch- Barpali, District Korba (C.G.) JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.10.29 10:38:17 +0530 2 9. The Society Manager, Sewa/ Aadiwasi Sewa Sahakari Samiti Maryadit, Chiknipali, Branch- Barpali, District Korba (C.G.) 10. The Society Manager, Adim Jati Sewa Sahakari Samiti Maryadit, Tuman, District Korba (C.G.) 11. The President, Adim Jati Sewa Sahakari Samiti Maryadit, Tuman, District Korba (C.G.) --- Respondent(s) WPC No. 5604 of 2025 Dinesh Kumar Patel S/o Paklu Ram Patel Aged About 41 Years Posted As Computer Operator, Adim Jati Sewa Sahakari Samiti Maryadit Tilkeja, District Korba C.G. ---Petitioner(s) Versus 1. State Of Chhattisgarh Through The Secretary, Cooperative Department Mahanadi Bhawan, Mdantralaya, Atal Nagar, Nawa Raipur, District Raipur C.G. 2. Chhattisgarh State Cooperative Marketing Federation Limited, Through Its Managing Direction, Head Office, C.B.D. Sector-21, Nawa Raipur, Atal Nagar, District Raipur C.G. 3. The Registrar, Cooperative Societies Indravati Bhawan, Nawa Raipur, Atal Nagar, District Raipur C.G. 4. The Chief Executive Officer, District Cooperative Central Bank Limited, Korba C.G. 5. The Collector, Korba, District- Korba C.G. 6. The District Marketing Officer, Korba, District- Korba C.G. 7. The Assistant Registrar, Cooperative Societies, Korba, District- Korba C.G. 8. The Society Manager, Adim Jati Sewa Sahakari Samiti, Maryadit, Tilkeja, District Korba C.G. 9. The President, Adim Jati Sewa Sahakari Samiti, Maryadit, Tilkeja, District Korba C.G. 3 10. The President, Sewa/aadiwasi Sewa Sahakari Samiti, Maryadit, Bhaisma, District Korba C.G. 11. The Society Manager, Sewa/aadiwasi Sewa Sahakari Samiti, Maryadit, Bhaisma, District Korba C.G. --- Respondent(s) WPC No. 5603 of 2025 Makhanlal Yadav S/o Shyam Sundar Yadav Aged About 41 Years Posted As Computer Operator, Adim Jati Sewa Sahakari Samiti Maryadit, Faraswani, Branch- Barpali, District- Korba (C.G.) ---Petitioner(s) Versus 1. State Of Chhattisgarh Through The Secretary, Cooperative Department, Mahanadi Bhawan, Mantralaya, Atal Naga, Nawa Raipur, District- Raipur (C.G.) 2. Chhattisgarh State Cooperative Marketing Federation Limited Through Its Managing Director, Head Office, C.B.D. Sector-21, Nawa Raipur, Atal Nagar, District- Raipur (C.G.) 3. The Registrar Cooperative Societies, Indravati Bhawan, Nawa Raipur, Atal Nagar, District- Raipur (C.G.) 4. The Chief Executive Officer District Cooperative Central Bank Limited, Korba (C.G.) 5. The Collector Korba, District- Korba (C.G.) 6. The District Marketing Officer Korba, District- Korba (C.G.) 7. The Assistant Registrar Cooperative Societies, Korba, District- Korba (C.G.) 8. The Society Manager Adim Jati Sewa Sahakari Samiti Maryadit, Faraswani, Branch- Barpali, District- Korba (C.G.) 9. The President Adim Jati Sewa Sahakari Samiti Maryadit, Faraswani, Branch Barpali, District- Korba (C.G.) 10. The Society Manager Sewa/aadiwasi Sewa Sahakari Samiti Maryadit, Sukhrikala, Branch - Barpali, District- Korba (C.G.) 4 11. The President Sewa/aadiwasi Swewa Sahakari Samiti Maryadit, Sukhrikala, Branch - Barpali, District- Korba (C.G.) --- Respondent(s) WPC No. 5601 of 2025 Rajkumar Patel S/o Lakhanlal Patel, Aged About 45 Years Posted As Computer Operator, Sewa/ Aadiwasi Sewa Sahakari Samiti Maryadit, Chiknipali, Branch- Barpali, District Korba (C.G.) ---Petitioner(s) Versus 1. State Of Chhattisgarh Through The Secretary, Cooperative Department, Mahanadi 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-21, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 3. The Registrar, Cooperative Societies, Indravati Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 4. The Chief Executive Officer, District Cooperative Central Bank Limited, Korba (C.G.) 5. The Collector, Korba, District Korba (C.G.) 6. The District Marketing Officer, Korba, District Korba (C.G.) 7. The Assistant Registrar, Cooperative Societies, Korba, District Korba (C.G.) 8. The President, Sewa/ Aadiwasi Sewa Sahakari Samiti Maryadit, Chiknipali, Branch- Barpali, District Korba (C.G.) 9. The Society Manager, Sewa/ Aadiwasi Sewa Sahakari Samiti Maryadit, Chiknipali, Branch- Barpali, District Korba (C.G.) --- Respondent(s) 5 WPC No. 5588 of 2025 Shashikant Vaishnav S/o Late Anand Das Vaishnav Aged About 40 Years Posted As Computer Operator, Adim Jati Sewa Sahakari Samiti Maryadit, Durpa, District Korba C.G. ---Petitioner(s) Versus 1. State Of Chhattisgarh Through The Secretary, Cooperative Department, Mahanadi 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-21, 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, Korba C.G. 5. The Collector, Korba, District Korba C.G. 6. The District Marketing Officer, Korba, District- Korba C.G. 7. The Assistant Registrar, Cooperative Societies, Korba, District- Korba C.G. 8. The Society Manager, Sewa/aadiwasi Sewa Sahakari Samiti Maryadit, Durpa, District Korba C.G. 9. The President, Sewa/aadiwasi Sewa Sahakari Samiti Maryadit, Durpa, District Korba C.G. --- Respondent(s) For Petitioner : Mr. Amitesh Kumar Pandey, Advocate For Respondents/ State : Mr. Sangharsh Pandey, G.A. For MARKFED : Mr. Animesh Tiwari, Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge 6 Judgment on Board Per Ramesh Sinha, Chief Justice 28/10/2025 1. Since the common facts and grounds are involved in these petitions, they are being considered and decided by this common order. 2. The present writ petitions have been filled for following reliefs: 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 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 the petitioners submit that the petitioners have been continuously working on the post of Data 7 Entry Operator since the year 2007 on daily wage basis, discharging their duties sincerely and efficiently without any complaint or adverse remark, to the satisfaction of their superior authorities. It is further submitted that as per the Primary Krishi Sakh Sahakari Societies Ke Sevayukton Ke Liye Sewaniyam, 2018, framed by the Registrar, Cooperative Societies, Raipur, one post of Clerk-cum-Computer Operator has been sanctioned for each society. The petitioners are working against such vacant and sanctioned posts of Data Entry Operator since many years, and repeated representations have been made by the petitioners as well as by the Chhattisgarh Cooperative Employees Union, Raipur, requesting regularization of services of Data Entry Operators working in various societies. However, till date, no decision has been taken by the respondents on such representations. On the contrary, the respondent No. 2 has issued the impugned notice/tender inviting applications for filling up the posts of Data Entry Operator through outsourcing, which is arbitrary and unjustified. Hence, the present petition has been preferred. 4. On the other hand, learned counsel for the respondent/ MARKFED submits that the petitioners are the employees of the respondent cooperative society and being the employees of the cooperative society, if any dispute is there the petitioners are having an alternative remedy to approach the Registrar under 8 Section 55 (2) of the C.G. Cooperative Societies Act, 1960. 5. We have heard learned counsel appearing for the parties, perused the pleadings and the documents appended thereto. 6. It is a well-settled principle of law that when a remedy is available, writ jurisdiction under Article 226 of the Constitution should not ordinarily be exercised. 7. The Supreme Court in the matter of State of H.P. and Others v Gujarat Ambuja Cement Limited & Another reported in (2005) 6 SCC 499 held that normally the High Court should not interfere if there is an adequate efficacious alternate remedy. 8. The Supreme Court in Assistant Commissioner (CT) LTU, Kakinada v. Glaxo Smith Kline Consumer Health Care Ltd., (2020) 19 SCC 172, reiterated that writ jurisdiction should not be invoked when a statutory forum is available and has not been availed. 9. In light of the above submission and settled legal position, this Court finds no reason to entertain the present writ petitions under Article 226 of the Constitution of India, when an efficacious alternative remedy is available to the petitioners. Accordingly, all the petitions stand dismissed with liberty to the petitioners to avail the remedy as provided under Section 55(2) of the Chhattisgarh Cooperative Societies Act, 1960, if so advised. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti