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2025 DAILYLAW 6693 (CHH)

DILIP KUMAR SINHA v. STATE OF CHHATTISGARH

WPS/1157/2025 · 2025-03-06

Shri Amitendra Kishore Prasad

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:11060 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1157 of 2025 1 - Dilip Kumar Sinha S/o Late Bharat Kumar Sinha Aged About 63 Years R/o Village Janakpur, Post Janakpuri, District : Manendragarh- Chirmiri-Bharatpur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Secretary, Department Of Panchayat And Social Welfare, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh. 2 - Director, Directorate Of Panchayat Department, Indrawati Hawan, New Raipur, District Raipur, Chhattisgarh. 3 - Collector Manendragarh-Chirmiri-Bharatpur, Chhattisgarh., District : Manendragarh-Chirmiri-Bharatpur, Chhattisgarh. 4 - Deputy Director Panchayat, Manendragarh-Chirmiri-Bharatpur, Chhattisgarh., District : Manendragarh-Chirmiri-Bharatpur, Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 5 - Chief Executive Officer, Zila Panchayat Manendragarh-Chirmiri- Bharatpur, District : Manendragarh-Chirmiri-Bharatpur, Chhattisgarh 6 - Chief Executive Officer, Janpad Panchayat Bharatpur, District : Manendragarh-Chirmiri-Bharatpur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Ashutosh Shukla, Advocate. For Respondent(s)/State : Ms. Poorva Tiwari, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 06/03/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 This Hon'ble Court may kindly be pleased to direct the respondent authorities to produce entire records pertaining to instant matter. 10.2 This Hon'ble Court may kindly be pleased to direct the respondent no. 6 to forward the resolution taken vide 05/10/2023 and 30/12/2023 to higher authorities as per rule so that the petitioner be extended the 2 year service as Assistant Grade -II, with respondent no. 6 (in light of Section 70 of C.G Panchayat Raj Adhiniyam, 1993 read with 'Rules, 33 Clause, 1, 2 and 3 of C.G. Panchayat Services (Recruitment and Service general condition) Rules, 3 1999). 10.3 That, the Hon'ble Court may direct the respondent to decide the petitioner's representations dated 27/06/2024 (Annexure P/1) forthwith.. 10.4 That, any other relief, which this Hon'ble Court may deem fit and proper together with cost of the petition.” 2. Brief facts of the case, is that, the present writ petition is preferred by the petitioner, not against any particular order, but filed being aggrieved by the inaction of the respondents whereby they have not decided the petitioner's representation filed vide dated 27/06/2024 in light of order/direction passed dated 12.06.2024 in W.P. (S) No. 2709/2024. Further, the petitioner is aggrieved by the non-action on part of respondent No. 6 whereby the C.E.O. Janpad Panchayat Bharatpur, has not forwarded the petitioner's case/resolution taken by General Body Janpad Panchayat Bharatpur, vide dated 05.10.2023 and 30.12.2023 to the higher authorities i.e. Zila Panchayat Manendragarh-Chirmiri- Bharatpur regarding extension of 2 year service with respondent department after his retirement under provision 'Section 70 of C.G. Panchayat Raj Adhiniyam, 1993’ read with 'Rules, 33 Clause, 1. 2 and 3 of Rules, 1999'. The respondent No. 6 is not deciding and also not forwarding the resolution to higher 4 authorities with malic intension. Hence this instant petition. 3. Learned counsel for the petitioner submits that the petitioner has been retired from his service on 31.12.2023 from the post of A.G.-II and according to the circular of State Government he is still ready to serve the State Government and for that he is seeking extension of 2 years. In his favour a recommendation has been made (Annexure P/5) and a resolution has been made by the Janpad Panchayat-Bharatpur. The petitioner has moved a representation before the authorities stating that since resolution has been passed in his favour for extension of 2 years of service, therefore, the authorities may be directed to consider and decide the representation. 4. The limited prayer made by the petitioner has not been opposed by the learned counsel for the State. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Accordingly, the petitioner is directed to pursue his representation which has been filed earlier and the respondents are directed to consider and decide the same in light of resolution passed in favour of the petitioner, regarding extension of his service for 2 years after his retirement. 7. With this observation and direction, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Raghu Jat Judge