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2026 DAILYLAW 25024 (CHH)

RAMKUMAR YADAV v. STATE OF CHHATTISGARH

WPS/2365/2022 · 2026-07-06

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010110752022 2026:CGHC:27989 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2365 of 2022 * - Ramkumar Yadav S/o Late Shri Sakharam Yadava Aged About 58 Years R/o House No. D 188 B.D.A. Colony Yadunandan Nagar, Tifra Bilaspur District Bilaspur Chhattisgarh. ... Petitioner Versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Fish Ministry, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur District Raipur Chhattisgarh. 2 - The Director Of Fish Department, Directorate Raipur District Raipur Chhattisgarh. 3 - The Deputy Director Of Fish Department, Raigarh, District Raigarh Chhattisgarh. 4 - Shri Ghanshayam Sidar S/o Bhairu Ram Sidar Aged About 56 Years Present Posting As Assistant Grade III At Deputy Director Of Fish Department Kondagaon. District Kondagaon Chhattisgarh. And Permanent Address Village Vijay Nagar, Birdadar Raigarh District Raigarh Chhattisgarh. 5 - Shri Chunnulal Khobragarhe S/o Late Shri Laxman Khobragarhe, Aged About 56 Years Present Posting As Time Keepar At Deputy Director Of Fish Department Rajnandgaon, District Rajnandgaon Chhattisgarh. And Permanent Address Village Nadiyankhurd, Post Bahmani Charbhatta, Block Chuuriya Rajnandgaon, District Rajnandgaon Chhattisgarh. ... Respondents For Petitioner : Mr. Nitesh Sahu, Advocate holding the brief of Ms. Neha Shah, Advocate For Respondents No. 1 to 3 : Mr. Vinay Pandey, Deputy Advocate General Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 07/07/2026 1. Learned counsel appearing for the petitioner would submit that the petitioner was appointed to the post of Chowkidar under the respondents vide order dated 30.08.1981. He would contend that Digitally signed by RAMESH KUMAR VATTI Date: 2026.07.07 16:46:13 +0530 2 seniority list of Class-IVth employees was published by the respondent No. 2 on 03.04.2021, wherein name of the petitioner was at Serial No. 2. It is argued that another seniority list was published by the respondent No. 2 on 06.07.2021, wherein name of the petitioner was not mentioned. It is also contended that the respondent No. 2 promoted the respondent No. 4 who was junior to the petitioner vide order dated 29.11.2021. He would submit that the petitioner has made representation(s) before the respondents No. 2 and 3, but till date no decision has been taken. 2. On the other hand, learned Deputy Advocate General appearing for the respondents No. 1 to 3 would submit that the petitioner has already retired from the services on account of superannuation in the year 2024 and according to law laid down by the Hon’ble Supreme Court in the matter of Government of West Bengal & Ors. Vs. Dr. Amal Satpathi & Ors., 2024 (14) SCALE 294, promotion cannot be granted with retrospective effect particularly after retirement. 3. I have heard learned counsel for the parties and perused the documents. 4. Having considered the submission made by Mr. Nitesh Sahu, this petition, at this juncture, is disposed of reserving liberty in favour of the petitioner to make a detailed representation before the respondents No. 2 and 3 and in turn, the said authorities are directed to consider the representation, if any made by the petitioner, preferably within a period of 150 days. Sd/- (Rakesh Mohan Pandey) Judge vatti