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2026 DAILYLAW 11034 (CHH)

CHIRANJEEV SARKAR v. STATE OF CHHATTISGARH

WPS/13905/2025 · 2026-01-01

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:183 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 13905 of 2025 1 - Chiranjeev Sarkar S/o Shri C.R. Sarkar Aged About 55 Years R/o D-9 Sector 2, Ganesh Pooja Ground, Avanti Vihar, Raipur C.G. ... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Agriculture And Biotechnology, Mahanadi Bhawan, Atal Nagar, District Raipur C.G. 2 - Under Secretary, Department Of Agriculture And Biotechnology, Mahanadi Bhawan, Atal Nagar, District Raipur C.G. 3 - Director, Department Of Agriculture And Biotechnology, Indravati Bhawan, Nawa Raipur, Atal Nagar, District Raipur C.G. 4 - Under Secretary, C G Public Service Commission, North Block, Sector 19, Nava Raipur, Atal Nagar, District Raipur C.G. ... Respondents For Petitioner : Mr. Ali Asgar, Advocate For Respondents/State : Mr. Love Sharma, Panel Lawyer For Respondent No. 4 : Mr. Sudeep Agrawal, Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 02 /01/2026 1. The petitioner has filed this writ petition seeking following reliefs:- “10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to include the name of petitioner in the final seniority list of Joint Director, Agriculture after modifying 2 provisional seniority list issued on 12.11.2025 by respondent. 10.2 That, any other relief which this Court deems fit in the interest of justice.” 2. Learned counsel for the petitioner submits that the petitioner is holding the post of Deputy Director (Agriculture) since 29.12.2006 pursuant to the order of promotion. He contended that the petitioner after completion of the relevant period of work, became eligible for promotion to the post of Joint Director. He contended that the promotion for the post of Joint Director was initiated by the respondent department in the year 2020, however, the petitioner was not considered for promotion, though he was above the persons promoted in the seniority list. Petitioner made several representations and thereafter, he was informed that his name was not considered as some departmental enquiry was pending against him which was not correct. Subsequently, the petitioner has made several representations and thereafter, the petitioner filed writ petition bearing WP (S) No. 2039/2025 which was disposed of on 26.03.2025 directing the Respondent No. 1 therein to decide the pending representation dated 12.09.2024. 3. He further contended that the respondent department have consulted the General Administration Department and sought clarification upon which, the General Administration Department had opined to grant proforma promotion and seniority to the petitioner vide note dated 19.09.2025 (Annexure P/9). He also contends that the Respondent No. 4/Public Service Commission have sought clarification from the respective department as to whether, any departmental enquiry was pending consideration against the petitioner, in the year 2020, when DPC was conducted, however, till date, the Respondent department has not issued any letter clarifying the position of the petitioner as sought for by the Respondent No. 4/Public Service Commission. Further, the Respondent 3 No. 3/Director has issued a letter to the Respondent No. 1 stating the decision is to be taken at the end of the State Government with regard to the fixation of the seniority of the petitioner for publication of the final seniority list. Action on the letter dated 22.12.2025 is also under consideration. 4. Learned counsel for the Respondent No. 4/Public Service Commission would submit that the Respondent No. 1 has also not supplied the information as sought for by letter dated 04.12.2025. 5. On the other hand, learned counsel for the Respondents/State submits that he may be granted 02 weeks time to file reply to the writ petition. 6. I have heard learned counsel for the parties and also perused the documents placed on record. 7. Grievance of the petitioner is that the petitioner has been arbitrarily not considered for promotion on the post of Joint Director (Agriculture) in the year 2020 and now again, according to his information, proceedings for promotion on the post of Additional Director (Agriculture) is pending consideration. The note dated 19.09.2025 (Annexure P/9) would show that in the opinion sought by the respondent department from the General Administration Department, it was opined that the petitioner can be given proforma promotion and seniority. The Respondent No. 4/Public Service Commission has also sought clarificatory information from the respondent department as to whether any departmental enquiry was pending against the petitioner in the year 2020, when the promotion on the post of Deputy Director (Agriculture) to the post of Joint Director (Agriculture) was considered which till date is stated to be awaited. 8. In the aforementioned facts of the case, I am of the view that no fruitful purpose would be served keeping this writ petition pending consideration, but it will be in the interest of the parties to dispose of this writ petition 4 directing the Respondent No. 3 to take decision on the letter dated 04.12.2025 as also, the letter dated 22.12.2025 issued by the Respondent No. 3 expeditiously, in accordance with law, preferably within a period of 03 weeks from the date of receipt of copy of the order. Till decision is taken on the aforementioned letters, it is directed that the final seniority list of Joint Director (Agriculture) shall not be published. 9. With the aforesaid observation and directions, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY Date: 2026.01.03 17:01:55 +0530