1 2025:CGHC:53582 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6405 of 2021 1 - Jaijeet Acharya S/o Late Shri Arun Kumar Acharaya Aged About 61 Years Presently Posted As A.C.F. Research And Extension, Raipur Division Chhattisgarh, R/o J-10a, Shriram Nagar, Phase- I, Near Tv Tower, Shankar Nagar, Raipur, Chhattisgarh - Manas Kumar Rai S/o Late Baleshwar Rai Aged About 59 Years Presently Posted As A.C.F. Administration Gazette/coordination) Aranya Bhawan Atal Nagar, Naya Raipur, Chhattisgarh R/o B/38 Kanchanganga Phase- Ii,rohinipuram, Raipur, Chhattisgarh 3 - Devendra Kumar Singh Maurya S/o Late J.D. Maurya Aged About 59 Years Presently Posted As A.C.F. Campa, Aranya Bhawan, Atal Nagar, Naya Raipur, Chhattisgarh, R/o Hig Ii/118, Borsi Extension, Durg, Chhattisgarh 4 - D.K. Singh S/o Late Badri Narayan Singh Aged About 59 Years Presently Posted As A.C.F. Attach Officer, C.C.F. Office, Durg, Chhattisgarh, R/o Jain Mandir Road, Viddut Nagar Colony, Durg, Chhattisgarh 5 - Vishwanath Mookherjee S/o Late Kanai Lal Mookherjee Aged About 58 Years Presently Posted As Sub Divisional Officer (Forest), Raipur Division, Raipur, Chhattisgarh, R/o Block- 17, Flat No. 204, Ashoka Ratan Vidhan Sabh Road, Mowa, Raipur, Chhattisgarh 6 - A.K. Vyas S/o Late Shri Roopchand Vyas Aged About 60 Years Presently Posted As Sub Divisional Officer (Forest), Baloda Bazar, District- Baloda Bazar, Chhattisgarh, R/o House No. 75 Krishna Nagar, Bilaspur, Chhattisgarh 7 - Tahid Ahmad Khan S/o Late Shri A.W. Khan Aged About 60 Years Presently Posted As Sub Divisional Officer (Forest), R/o House No. 03 Street No. 01, Sector - B, Panchsheel Housing Society, Borsi, Dirg, Chhattisgarh 8 - Manoj Kumar S/o Shri Mahesh Prasad Shah Aged About 55 Years Presently Posted As Sub Divisional Officer, Forest Division- Surajpur, Chhattisgarh, R/o Ring Road, Namna Kalan, Ambikapur, Chhattisgarh 9 - Shyam Bihari Pandey S/o Late Chhannu Pandey Aged About 55 Years Presently Posted As Sub Divisional Officer (Forest), Sitapur, Sarguja, Chhattisgarh, R/o 2 10 - Rajendra Kumar Singh Sisodia S/o Shri Digvijay Singh Sisodia Aged About 61 Years Presently Posted As A.C.F. Superintendent Wildlife Sanctuary Gomarda, District- Raigarh, Chhattisgarh, R/o Bhima Talab, In Front Of Sadar School, Distrit- Janjgir Champa, Chhattisgarh 11 - Shyam Singhdeo S/o Shri T.D. Singhdeo Aged About 59 Years Presently Posted As Sub Divisional Officer (Forest), Wadrafnagar, Balrampur Division, Chhattisgarh, R/o F.D.- 43, Dc Road Near P.W.D. Office, Ambikapur, District- Sarguja, Chhattisgarh 12 - Biswajit Bishwas S/o Late Shri A.K. Bishwas Aged About 61 Years Presently Posted As A.C.F. Dy. Manager, C.C.F. Officer Jagdalpur, Chhattisgarh, R/o 69/70 Green City Dhrampur, District- Jagdalpur, Bastar, Chhattisgarh 13 - S.K. Gupta, Suresh Kumar Gupta S/o Late Shri H.L. Gupta Aged About 61 Years Presently Posted As Sub Divisional Officer, Pathalgao, Jashpur Disvision, District- Jashpur, Chhattisgarh 14 - Shri Vinod Singh Thakur S/o Shri Surendra Singh Thakur Aged About 60 Years Presently Posted As Sub Divisional Officer, Kasdol, Baloda Bazar Division, R/o 2/658 Main Road Kota, Gudiyari In Front Of Sahu Floor Mill, Raipur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Forest, Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh 2 - Principal Chief Conservator Of Forests Aranya Bhawan, Medical College Road, Raipur- 492001, Chhattisgarh, (India) 3 - General Administration Department Through Its Secretary, Government Of Chhattisgarh, Mantralay, Naya Raipur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Amrito Das, Advocate For Respondent/ State : Mr. R. K. Gupta, Additional A. G and Mr. Vedant Shandangi, P. L. (Hon’ble Shri Justice Sachin Singh Rajput) Order on Board 03/11/2025 3 1. The petitioner has filed this petition seeking following relief:- 10.1 That this Hon’ble Court may kindly be pleased to call for the entire record from the respondents for its kind perusal. 10.2 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ quashing/ set aside the impugned circular/notification dated 08.03.2006 (Annexure P/1) being violative of Article 14 & 16 of the Constitution of India. 10.3 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ directing the respondent authorities to declare the gradation list of present petitioners for the post of Sub Divisional Officers as per the 'catch up' rule and declare the rule of giving consequential seniority illegal. 10.4 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ directing the respondent authorities to subsequently grant the benefits of seniority as per their entitled seniority. 10.5 Any other relief, which this Hon'ble Court, may deem fit and proper, in the facts and circumstances of the case. 2. Learned counsel for the petitioners submits that an identical issue is involved in this writ petition has come up before this Court in WPS No. 5710 of 2021 (Abhay Kumar Pandey & others Vs. State of Chhattisgarh and Others) in which Annexure P-1 is under challenge and this Court vide its order dated 07.08.2025 allowed the writ petition and Para- 4 of circular dated 08.03.2006 was held to be contrary to the mandate of Article 16 (1) and 16 (4A) of the Constitution of India. He further submits that a direction was given to the respondents to consider the petitioners’ claim therein for seniority in accordance with law and after affording a due opportunity of hearing to the affected promotees, preferably within a period of 90 days from the date of receipt of a copy of this order. He further submits that as the circular impugned in this writ petition has already been held to be bad in law in WPS No.5710/2021, this writ petition may be disposed of in terms of said order. 3. Learned State counsel submits that, though opinion to challenge the order dated 07.08.2025 in WPS No.5710/2021 was given, as per the information received, no 4 appeal has yet been filed. Therefore, he is not in a position to dispute the law laid down by this Court in WPS No.5710 / 2021. 4. Be that as it may, after hearing the learned counsel for the parties, this Court is of the opinion that the writ petition may be disposed of in terms of order passed in WPS No.5710/ 2021, where this Court passed the following order:- “ The respondents are directed to reconsider the petitioners’ claim for seniority in accordance with the law and after affording a due opportunity of hearing to the affected promotees, preferably within a period of 90 days from the date of receipt of a copy of this order.” 5. With this observation, this writ petition is disposed of. Sd/- (Sachin Singh Rajput) JUDGE Parul PARUL MITTAL Digitally signed by PARUL MITTAL Date: 2025.11.06 15:59:09 +0530