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2026 DAILYLAW 23718 (CHH)

SMT. KAMINI SHARMA v. STATE OF CHHATTISGARH

WPS/1008/2022 · 2026-06-23

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 2026:CGHC:25886 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1008 of 2022 1 - Smt. Kamini Sharma W/o Shri Sanjay Sharma Aged About 54 Years Occupation Service, Working As Assistant Grade Iii (Terminated) In The Office Of Nagar Panchayat Rajim , Tahsil Rajim District Gariyaband. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary , Town Administration And Development Department , Mantralaya Mahanadi Bhawan, New Raipur , District Raipur Chhattisgarh. 2 - Deputy Secretary State Of Chhattisgarh Town Administration And Development Department , Mantralaya Mahanadi Bhawan , New Raipur , District Raipur Chhattisgarh. 3 - Joint Director Town Administration And Development Subhash Stadium Raipur Raipur District Raipur Chhattisgarh. 4 - Deputy Director Town Administration And Development Subhash Stadium Raipur Raipur District Raipur Chhattisgarh. 5 - Nagar Panchayat Rajim Through Its Chief Municipal Officer , Nagar Panchayat Rajim , District Gariyaband Chhattisgarh. ... Respondent(s) For Petitioner : Shri Awadh Tripathi, Advocate. For Respondent/ State : Shri Anil S. Pandey, G.A. NIRMALA RAO 2 For Respondent No.5 : Shri Vikram Sharma, Advocate alongwith Shri Jyotiraditya Tiwari, Advocate. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 24.6.2026 1) The petitioner has filed this petition seeking the following reliefs: “10.1 That the Hon'ble Court may kindly be pleased to direct the respondent to quash the impugned order dated 24.12.2021 (Annexure P/1) passed by respondent no.02 as well as also set aside the Order dated 07.10.2013. 10.2 That, the Respondent may also be directed to provide all the consequential benefit to the Petitioner which she has suffered due to order impugned passed by the Respondent. 10.3 Any other relief which this Hon'ble Court may deem fit and proper may also be passed in favor of the petitioner.” 2) Learned counsel for the petitioner would submit that the petitioner was appointed to the post of Assistant Grade-III on 16.12.2008 against a sanctioned and vacant post. He would contend that at the relevant point of time, the age of the petitioner was 41 years. He would submit that the petitioner was required to pass the Hindi Typing Examination and in this regard, notice was issued on 16.1.2012. Thereafter, the services of the petitioner were 3 terminated vide orders dated 24.9.2013 and 7.10.2013. He would contend that the said orders were set aside vide order dated 6.9.2021 passed in WPS Nos.3349 of 2013 and 3830 of 2013. It is also argued that orders dated 24.9.2013 and 7.10.2013 were quashed and matter was remitted back to the Competent Authority to consider the case of the petitioner for grant of exemption from passing the Hindi Typing Examination. Learned counsel for the petitioner would submit that according to circular dated 15.11.1984, as the petitioner had crossed the age of 40 years, the respondent authorities should have granted exemption from qualifying the Hindi Typing examination. He would further submit that respondent No.1 has again directed the petitioner to pass the Hindi Typing Examination, which is contrary to the circular dated 15.11.1984 as well as the order passed in the earlier round of litigation. It is also argued that the services of the petitioner have already been regularized and that she is receiving annual increments regularly. He would pray to allow this petition. 3) On the other hand, learned counsel for the respondents would oppose the submissions made by counsel for the petitioner. They would submit that according to one of the conditions mentioned in the order of appointment, the petitioner was required to pass the Hindi Typing examination. They would contend that the petitioner failed to fulfill the said condition mentioned in the order of appointment, and therefore, her services were terminated. Subsequently, the said termination order was quashed in the 4 earlier round of litigation. They would submit that respondent No.1 had assigned sufficient reasons while rejecting the claim of the petitioner with regard to exemption from passing Hindi Typing examination. 4) I have heard learned counsel for the parties and perused the documents placed in the file. 5) A perusal of the documents would show that the services of the petitioner were regularized on the post of Assistant Grade-III on 16.12.2008. She was required to pass the Hindi Typing examination. At the time of regularization of her services, the petitioner was 41 years of age. According to the circular dated 15.11.1984, a government servant who has attained the age of 40 years is exempted from passing the Hindi Typing examination. The services of the petitioner were terminated on account of her failure to pass Hindi Typing examination, however, the said orders were set aside by the Coordinate Bench of this Court. Respondent No.1 has again issued a similar order and directed the petitioner to pass the Hindi Typing examination. The order is contrary to the circular dated 15.11.1984 and therefore, the same is hereby quashed. The services of the petitioner have already been regularized, she is being granted annual increments regularly without any delay and she is now more than 55 years of age, therefore, the order passed by respondent No.1 (Annexure- P/1) is hereby quashed. Consequences to follow. 5 6) Accordingly, the present writ petition is disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Nimmi