1 2025:CGHC:1037 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 54 of 2017 Khunuram Dewangan S/o Late J.R. Dewangan Aged About 61 Years Presently Working As Additional Collector, Bijapur, District- Bijapur, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through It’s Principal Secretary, Department of General Administration, Mahanadi Bhawan, Mantralaya, New Raipur, District- Raipur, Chhattisgarh, 2 - Principal Secretary, Department of Revenue And Dejaster Management, Mahanadi Bhawan, Mantralaya, New Raipur, District- Raipur, Chhattisgarh 3 - Secretary, Chhattisgarh Public Service Commission, Shankar Nagar Raod, Raipur, District- Raipur, Chhattisgarh 4 - State of Madhya Pradesh, Through It’s Principal Secretary, Department of General Administration, Vallabh Bhawan, Bhopal, M.P. 5 - Principal Secretary, Department of Revenue And Dejaster Management, Vallabh Bhawan, Bhopal, M.P. 6 - Secretary, Madhya Pradesh Public Service Commission, Residency Area, Indore, M.P. ---- Respondents _____________________________________________________________ For Petitioner :Shri Pawan Shrivastava, Advocate appears along with Shri Gourav Lashkar, Advocate For State/Respondents No.1&2:Ms. Pragya Pandey, Dy. Government Advocate For Respondent No. 3 : Shri Sudeep Agrawal, Advocate For Respondents No. 4 to 6 : None, though served. -------------------------------------------------------------------------------------------------------- SUNITA GOSWAMI Digitally signed by SUNITA GOSWAMI Date: 2025.01.07 17:49:21 +0530 2 Single Bench:Hon'ble Shri Justice Sanjay S. Agrawal Order On Board 07.01.2025 1. By virtue of this petition, the petitioner is seeking following relief(s) :- 10.1 That, the Hon’ble Court be pleased to call the entire records to relates the case of the petitioner. 10.2 That, the Hon’ble Court be pleased to direct the Respondents authorities to act on the finding giving by this Hon’ble Court vide order dated 28.01.2013 passed in WP(s) No.2718/2005, prior to the retirement of petitioner i.e. 31.03.2017. 10.3 That, the Hon’ble Court be pleased to direct the Respondents authorities to complete the process to grant seniority and promotion to the petitioner in light of the order passed by this Hon’ble Court in WP(s) No. 2718/2005, prior to the retirement of petitioner i.e. 31.03.2017. 10.4 Any other relief which Hon’ble Court deems fit and proper in the facts and circumstances of the case and cost of the petition. 2. It appears from perusal of the record that the petitioner was initially appointed as Assistant Superintendent, Land Records on 16.08.1979. It appears further that for the period ending 31.03.1994, he was communicated an adverse remark. While the aforesaid adverse remark was in existence, promotion of the Assistant Superintendent was taken up by holding Departmental Promotion Committee and on account of the alleged adverse remarks, the petitioner was found unfit for promotion and juniors to him have been promoted to the post of Superintendent, Land Records vide order dated 3 20.10.1987. The representation of the petitioner against expungement of remarks was decided in his favour, while expunging the alleged remarks vide order dated 26.03.1990/16.04.1990. After the expungement of the alleged remarks, the petitioner made a representation to the authorities concerned, who considered his case for promotion and accorded him proper seniority as Superintendent of Land Records along with promotion to the post of Superintendent of Land Records, in view of expungement of alleged remarks. It appears further that an order was accordingly, passed on 22.07.1997, whereby, the petitioner was granted seniority at Sr. No.83-A of the list of Superintendent, Land Records as on 01.04.1993, but the same was, however, cancelled vide order dated 05.06.1998. The petitioner was, therefore, constrained to question the same before this Court, where the said petition was registered as Writ Petition (S) No.2718/2005 and vide order dated 28.01.2013, the claim, as was made by the petitioner, was allowed by setting aside the said order dated 05.06.1998. The relevant observations made therein at paragraphs 10,11 & 12 read as under : “10. Under these circumstances, this Court is constrained to draw adverse inference that there was no just and valid basis to reject the claim of the petitioner for grant of promotion on the post of Superintendent, Land Records w.e.f. 20/10/87 when number of officers’, including juniors of the petitioner, were promoted. 11. It appears that considering that the petitioner was superceded on account of adverse remarks, which was later on expunged, injustice was sought to be undone by passing order on 22/07/97. However, by impugned order, earlier order was cancelled. It was for no reasons much less that the petitioner was not entitled to promotion in the year 1987 despite expungement of remarks. The order has been passed even without hearing the petitioner. 4 12. In these circumstances and for the reasons stated above, the impugned order dated 05/06/98 cannot be sustained. The same is declared illegal and set aside. The petition is accordingly allowed. No order as to costs.” 3. Since, the claim as made by the petitioner was already allowed by this Court on 28.01.2013, therefore, I am not inclined to issue the direction as has been claimed herein by the petitioner as the relief(s), as prayed for, is not maintainable in view of the order passed on 28.01.2013 in Writ Petition (S) No. 2718/2005. 4. The petition is, accordingly, dismissed. No order as to cost(s). Sd/- (Sanjay S. Agrawal) JUDGE sunita