Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:56578
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8608 of 2023 1 - Ghanshyam Das Gidhore S/o Late Tulsi Ram Gidhode, Aged About 53 Years Presently Posted As Panchayat Sachiv At Gram Panchayt Parasada Janpad Panchayat Aarang, Zila Panchayat Raipur Chhattisgarh. R/o Village Khapri, Post Office Uparwara, Via Abhanpur Tahsil Aarang, District Raipur Chhattisgarh. 2 - Satrughan Lal Verma, S/o Late Shri Nathuram Verma Aged About 55 Years Presently Posted As Panchayat Sachiv At Gram Panchayat Bhimbhauri Janpad Panchayat Tilda, Zila Panchayat Raipur Chhattisgarh. R/o Village Chapora, Post Office Deori, Via Newra, Tahsil Tilda, District Raipur Chhattisgarh. 3 - Vijay Kumar Verma S/o Shri Jilu Rm Verma Aged About 58 Years Presently Posted As Panchayat Sachiv At Gram Panchayat - Bhandarpuri, Nanpad Panchayat Aarang, Zila Panchayat Raipur Chhattisgarh R/o Village Padamar, Post Office - Kanki District Raipur Chhattisgarh. 4 - Mukesh Kumar Baghel S/o Shri Dhaniram Baghel Aged About 54 Years Presently Posted As Panchayat Sachiv At Gram Panchayat Bartori, Janpad Zila Panchayat Raipur Chhattisgarh. R/o Village Janjgira, Post Office, Madhi, Via Baikunth, Tahsil Kharora, District Raipur Chhattisgarh. 5 - Dhanesh Verma, S/o Shri Laxminath Verma Aged About 53 Years Presently Posted As Panchayat Madhi, Janpad Panchayat Tilda, Zila Panchayat Raipur Chhattisgarh R/o Village Tulsi, Post Office Newra, Tahsil Tilda, District Raipur Chhattisgarh.
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... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development, Mantralaya Naya Raipur, District : Raipur, Chhattisgarh 2 - Additional Cheif Secretary Panchayat And Rural Development, Mantralaya Naya Raipur, District : Raipur, Chhattisgarh 3 - Director Directorate Of Panchayat, Sector-19, North Block , Vikas Bhawan, Ground Floor, Nawa Raipur Atal Nagar, District : Raipur, Chhattisgarh 4
- Collector
Raipur,
District
Raipur
Chhattisgarh. 5 - Chief Executive Officer, Zila Panchayat Raipur District Raipur Chhattisgarh.
... Respondent(s) For Petitioner(s) : Mr. Rohit Sharma, Advocate. For Respondent(s)/State : Mr. Dashrath Prajapati, Panel Lawyer.
Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 20/11/2025
1. By way of this petition, the petitioner has prayed for following reliefs:-
“10.1 To issue appropriate writ/order or direction and thereby direct the respondent authority to constitute the committee in compliance of missive dated 02.05.2022 (Annexure-P/3).
10.2. To issue appropriate writ/order or direction and thereby direct the respondent authority to submit its
3 finding in a time bound manner within a period of two months from the constitution of committee. 10.3 Grant any other relief(s)/ order(s)/ direction(s) in favour of petitioner, which may deem fit and proper in the
facts and circumstances of the case, including awarding of the cost to the petitioner.”
2. Brief facts of the case, is that, the petitioners were appointed as Panchayat Karmi (Sachiv) in their respective Gram Panchayats under the territorial jurisdiction of Zila Panchayat, Raipur, during the years 1995 and 1996, and they continue to function as employees of the respective Panchayats under the general control of the State Government. Considering the long-standing demand for regularization of Panchayat Sachivs into the State Government cadre, the respondent State of Chhattisgarh, as a matter of policy, has acknowledged this issue, and the Hon’ble Chief Minister publicly declared the constitution of a committee to examine the matter and to take appropriate steps in furtherance of the legitimate expectations of the petitioners and similarly placed persons. Pursuant to this declaration, the Secretariat of the Chief Minister issued a formal communication to the Chief Secretary as well as to the Secretary, Panchayat and Gramin Vikas Vibhag, directing them to act upon the declaration and to periodically update the Chief Minister’s office. However, despite the lapse of more than a year since the declaration and the subsequent official communication, no substantive action has been taken. The
4 declaration of the Chief Minister and the consequent communication from the Secretariat have created a right of legitimate expectation and promissory estoppel in favour of the petitioners and others similarly situated, thereby necessitating timely compliance regarding constitution of the committee and further proceedings for regularization of Panchayat Sachivs as government employees. Although the Chief Minister, being the head of the State Government, has taken a conscious decision after considering the peculiar circumstances and long-pending demands of the petitioners, and the concerned authorities are duty-bound to act in accordance with the communications issued, the respondents have failed to take any concrete steps, thereby frustrating the legitimate expectations of the petitioners through an act contrary to law. The newspaper reports published online and downloaded by the petitioners, reflecting the Chief Minister’s declaration regarding the constitution of a committee and the direction for time-bound action, further substantiate their claim. Despite the issuance of the communication dated 02.05.2022 by the Chief Minister’s Secretariat for giving effect to the declaration, the respondents have not complied with the directions in letter and spirit, resulting in infringement of the petitioners’ right to legitimate expectation.
As policies are required to operate within a reasonable time frame, the deliberate inaction in constituting the committee has jeopardized the rights of the petitioners and similarly placed persons, thereby warranting appropriate
5 directions from this Hon’ble Court to uphold the principles of legitimate expectation and promissory estoppel. Hence, this writ petition has been filed. 3. Learned counsel for the petitioner submits that the present petition has been instituted seeking a limited but necessary direction to the competent authorities to consider and pass appropriate orders in accordance with the constitution of the committee, as notified vide memo dated 02.05.2022, and further to ensure that consequential orders are issued strictly on the basis of the recommendations made by the said committee, so that the petitioner’s lawful claim may be adjudicated in a just and timely manner. 4. On the other hand, learned counsel for the State submits that the respondents are actively considering the petitioner’s claim and, in this regard, they undertake that the competent authorities shall pass appropriate and necessary orders in accordance with law within a period of 45 days, thereby ensuring that the grievance raised in the present petition is duly examined and decided within the stipulated timeframe. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case and further considering the fact that the concerned respondent authorities are
directed to decide the grievance of the petitioners by way of constitution of the committee and to pass appropriate orders
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order.
7. With this observation and direction, the writ petitioner is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat