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2026 DAILYLAW 17879 (CHH)

RAVINDRA KUMAR YADAV v. STATE OF CHHATTISGARH

WPS/10129/2019 · 2026-02-27

Shri Rakesh Mohan Pandey

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Judgment text

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1 2026:CGHC:10620 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10129 of 2019 1 - Ravindra Kumar Yadav S/o Late Shri Sunder Lal Yadav Aged About 43 Years R/o Yadav Para, Near Hori Cycle Store, Rajatalab, Raipur, District : Raipur, Chhattisgarh 2 - Smt. Sunita Dewangan W/o Shri F. C. Dewangan Aged About 39 Years R/o C/o Shri Ramji Dewangan, Bhagwat Milk Dairy, Near Satish Stationary Mahadev Road, Raipura Raipur, District : Raipur, Chhattisgarh 3 - Ashwani Kumar Soni S/o Shri Banshi Ram Soni Aged About 31 Years R/o New Changorabhata, Ganpati Nagar, Near Sai Public School, Infront Of Harshit Kirana Store Raipur, District : Raipur, Chhattisgarh 4 - Dansai Sahu S/o Shri Meghnath Sahu Aged About 44 Years R/o Village Dadarjhori, Post Manikchori, Block Abhanpur District Raipur, District : Raipur, Chhattisgarh 5 - Smt. Varsha Sahu W/o Shri Shankar Lal Sahu Aged About 31 Years R/o Pandri, Gandhi Nagar, Raipur District Raipur, District : Raipur, Chhattisgarh 6 - Hupendra Kumar Verma S/o Shri Bhuwan Lal Verma Aged About 26 Years R/o Behind Ashadeep School, Dubey Colony, Mova, Raipur District Raipur, District : Raipur, Chhattisgarh 7 - Smt. Bhumita Aeneshwari W/o Shri Sanjay Aeneshwari Aged About 33 Years R/o Universal Seat Cover Sanjay Nagar Ring Road No. 01 Raipur District Raipur, District : Raipur, Chhattisgarh 8 - Rekhram Sahu S/o Shri Basant Kumar Sahu Aged About 31 Years R/o Village Post Dewari, Tahsil Rajim District Gariyaband, District : Gariyabandh, Chhattisgarh 9 - Smt. Harshlata Sahu W/o Shri Rekhram Sahu Aged About 28 Years R/o Village Post Dewari, Tahsil Rajim District Gariyaband, District : Gariyabandh, Chhattisgarh 10 - Smt. Hema Thakur W/o Sukhdev Thakur Aged About 29 Years R/o Sarla Awasthi, Kailashpuri, Rambaggali, District Raipur, District : Raipur, Chhattisgarh 11 - Shri Ghanaram Sahu Shri Krishna Ram Sahu Aged About 43 Years R/o Village Sohpur, Post Nipani, P. S. Gurur, District Balod, District : Balod, Chhattisgarh 12 - Shri Devendra Kumar Sahu S/o Late Panchram Sahu Aged About 47 Years R/o Mahamaya Ward, Purani Basti Newra, Tahsil Tilda, District Raipur, District : Raipur, Chhattisgarh Digitally signed by RAMESH KUMAR VATTI Date: 2026.03.02 17:50:38 +0530 2 13 - Shri Mahesh Kumar Yadav S/o Shri Umend Ram Yadav Aged About 30 Years R/o Rajiv Nagar, Mohababazar, District Raipur, District : Raipur, Chhattisgarh 14 - Smt. Kamini Bhoi W/o Late Shri Santosh Kumar Bhoi Aged About 42 Years R/o Atal Chowk Bhawani Nagar, Boriyakhurd Raipur, District : Raipur, Chhattisgarh ... Petitioners Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Veterinary, Development, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur Atal Nagar, District : Raipur, Chhattisgarh 2 - Director Veterinary Services, Chhattisgarh Third Floor, Indravati Bhawan, Naya Raipur Atal Nagar, District : Raipur, Chhattisgarh 3 - Joint Director Of Veterinary Services Raipur Mandi Get Pandri , Raipur Division, District : Raipur, Chhattisgarh 4 - Deputy Director (SDIL) Veterinary Services Mandi Get Pandari, Raipur, District : Raipur, Chhattisgarh ... Respondents For Petitioners : Ms. Kusum Lalchandani, Advocate holding the brief of Mr. A.K. Yadav, Advocate For Respondents/State : Ms. Anuradha Jain, Deputy Government Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 28/02/2026 1. The petitioners have filed this petition seeking the following reliefs:- “10.1 The Hon’ble Court may kindly be pleased to call for the entire record pertaining to the case of the petitioners. 10.2 That this Hon’ble Court may kindly pleased to direct the respondent authority to grant to the all benefit of adjustment and regular establishment after completion of 3 years 10 months 12 days because the similar situated employees have been granted the same relief along with arrears and interest. 10.3 That any other relief/order which may deem fit and just in the facts and circumstances of the case, including cost of the petition may kindly be awarded to the petitioners.” 3 2. Ms. Kusum Lalchandani, learned counsel appearing for the petitioners would submit that the petitioners were appointed as Class-IV contingency paid employees sometimes in the year 2012. She would submit that the circular dated 31.03.2016 wherein directions were issued to Joint Director and Deputy Director, Veterinary Services, Raipur, Bilaspur and Bastar to adjust the services of Class-IV contingency paid employees against sanctioned available posts applying reservation roster. It was also directed to constitute a committee to take further steps with regard to adjustment in regular establishment. Ms. Lalchandani would submit that pursuant to order/circular dated 31.03.2016 in other districts the services of Class- IV contingency paid employees have been adjusted from the date of circular i.e. 31.03.2016, whereas the services of the petitioners have been adjusted contrary to the circular dated 31.03.2016 from 30.10.2017 and 06.09.2018. It is argued that the action of the respondent authorities is arbitrary and discriminatory. She would submit that a direction may be issued to the respondent authorities to consider the claim of the petitioners. 3. On the other hand, Ms. Anuradha Jain, learned counsel appearing for the State/respondents would submit that pursuant to circular dated 31.03.2016, services of the petitioners have already been adjusted against sanctioned available Class-IV posts. She would submit that the services of the petitioners were adjusted way back in the year 2017-18 and no objection was raised by the petitioners at that point of time and after expiry of more than 01 year, this petition was preferred. She would contend that as the petitioners accepted the conditions mentioned in the said orders without demur, therefore, they cannot be 4 permitted to raise objections subsequently. It is also argued that the seniority of the Class-IV employees is maintained districts-wise and the petitioners cannot claim seniority or other benefits qua the Class-IV employees of other districts. It is submitted by Ms. Jain that according to Schedule appended to Chhattisgarh Veterinary Service Class IV Service Recruitment Rules 2010, the decision with regard to adjustment can be taken after completion of 05 years of service. She would submit that the petition is misconceived and deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents annexed with the instant petition. 5. It appears that earlier WPS No. 2111 of 2017 was filed seeking a direction to the respondent authorities to consider the claim of the petitioners for adjustment in regular establishment by virtue of circular dated 31.03.2016. The petitioners were permitted to make representation(s) and the authority concerned, considered the representation(s) made by the petitioners and took decision with regard to adjustment vide orders dated 30.10.2017 and 06.09.2018. 6. In the present petition, the petitioners have claimed all benefits from date of issuance of circular dated 31.03.2016 on the ground that in other districts benefits have been extended to Class-IV contingency paid employees from the said date. According to Rules of 2010, the Class-IV contingency paid employees would be eligible for adjustment after completing 05 years of service. The petitioners have placed documents to demonstrate that the services of Class-IV contingency paid employees were considered for adjustment prior to completion of 05 years qualifying service. 5 7. Taking into consideration the above stated facts, particularly the claim of Class-IV contingency paid employees of other districts has been considered by the department, the respondent authorities cannot discriminate the claim of the petitioners on the grounds of place of residence, race, religion or any other ground. Accordingly, this petition is disposed of reserving liberty in favour of the petitioners to make representation(s) before respondents No. 2 and 3 along with copy of this order within a period of 30 days from today and in turn, the respondent authorities are directed to take appropriate decision preferably within a period of further 90 days. 8. With aforesaid directions, the petitions is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti