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2025 DAILYLAW 50330 (CHH)

MAKHANLAL YADAV v. STATE OF CHHATTISGARH

WPC/4891/2025 · 2025-09-14

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:47178-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4891 of 2025 1 - Makhanlal Yadav S/o Shyam Sundar Yadav Aged About 41 Years Posted As Computer Operator, Adim Jati Sewa Sahakari Samiti Maryadit, Faraswani, District - Korba Chhattisgarh 2 - Rajkumar Patel S/o Lakhanlal Patel Aged About 45 Years Posted As Computer Operator, Adim Jati Sewa Sahakari Samiti Maryadit, Chiknipali, District - Korba Chhattisgarh 3 - 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 Chhattisgarh 4 - Malikram Patel S/o Kanhaiyalal Patel Aged About 42 Years Posted As Computer Operator, Adim Jati Sewa Sahakari Samiti Maryadit, Tuman, District - Korba Chhattisgarh 5 - 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 Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Cooperative Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District - Raipur Chhattisgarh 2 - Chhattisgarh State Cooperative Marketing Federation Limited Through Its Managing Director, Head Office, C.B.D. Sector-21, Nawa Raipur, Atal Nagar, District - Raipur Chhattisgarh ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.09.16 10:32:00 +0530 2 3 - The Registrar Cooperative Societies, Indravati Bhawan, Nawa Raipur, Atal Nagar, District - Raipur Chhattisgarh 4 - The Chief Executive Officer District Cooperative Central Bank Limited, Korba Chhattisgarh 5 - The Collector Korba District Korba Chhattisgarh 6 - The District Marketing Officer Korba, District - Korba Chhattisgarh 7 - The Assistant Registrar Cooperative Societies, Korba, District Korba Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Kamlesh Kumar Pandey, Advocate For Respondent-State : Mr. Sangharsh Pandey, Government Advocate For Respondent No.2 : Mr. Animesh Tiwari, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 15.09. 2025 1. Heard Mr. Kamlesh Kumar Pandey, learned counsel for the petitioners as well as Mr. Sangharsh Pandey, learned Government Advocate, appearing for the State and Mr. Animesh Tiwari, learned counsel appearing for respondent No.2. 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 3 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 respondent No.2 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. 4 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 Anu