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2026 DAILYLAW 30448 (CHH)

RAJKUMAR SHIVHARE v. THE STATE OF CHHATTISGARH

WPS/1675/2021 · 2026-08-02

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010070152021 2026:CGHC:33448 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1675 of 2021  Rajkumar Shivhare S/o Late Shri Babulal Shivhare Aged About 59 Years R/o Lohara Naka, Ward No. 27, Kawardha Thana City Kotwali Kawardha, District Kabirdham Chhattisgarh ... Petitioner(s) versus 1. The State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Police Station Rakhi, Nawa Raipur District Raipur Chhattisgarh 2. The Principal Secretary, Department Of General Administration And Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Police Station Rakhi, Nawa Raipur District Raipur Chhattisgarh 3. The Director Urban Administration And Development Department, Directorate, New Raipur Police Station And District Raipur Chhattisgarh 4. The Chief Municipal Officer Nagar Panchayat, Sahaspur Lohara, District Kabirdham Chhattisgarh ... Respondent(s) For Petitioner : Mr. Bharat Rajput, Adv. For State : Mr. Vivek S. Ojha, P.L. For Respondent No. 4 : Mr. Arpit Parakh, Adv. on behalf of Mr. Animesh Tiwari, Adv. Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 3.8.2026 2 1) By way of this petition, the petitioner has sought following reliefs:- 10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to absorb the services Sahaspur of petitioner Lohara in decisions/circulars/policies Nagar Panchayat in of view of the State Government, with all consequential benefits. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given. 10.3 That, the Hon'ble Court may kindly be pleased to set-aside/quash the impugned decision dated 28.04.2023 (Annexure AD / 1 ) . 2) Learned counsel for the petitioner submits that petitioner was initially appointed as Conductor on 24.12.1982 under Madhya Pradesh State Road Transport Corporation, which was dissolved and services of petitioner were handed over to Chhattisgarh State Infrastructure Development Corporation. He further submits that petitioner was sent on deputation under Nagar Panchayat, Sahaspur Lohara in the year 2004 and circulars/ policies were issued from time to time with regard to absorption of services but no decision was taken with regard to petitioner and he retired from the services in the year 2023. He also submits that a direction may be issued to the respondent authorities to consider the claim of petitioner for absorption in Nagar Panchayat, Sahaspur Lohara. 3) On the other hand, learned counsel appearing for the respective respondents would oppose. They submit that petitioner has already retired from services therefore no order of absorption can 3 be passed and this petition deserves to be dismissed. 4) Heard. 5) Having considered the fact that petitioner has already retired from services on attaining the age of superannuation in the year 2023 therefore in my opinion no such relief as prayed for can be granted. However, petitioner would be at liberty to make a detailed representation in this regard before Director, Urban Administration & Development Department, who in turn is directed to decide the same preferably within a period of 120 days from the date of receipt of copy of such representation. 6) With the aforesaid direction, this petition stands disposed. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a Digitally signed by AJINKYA PANSARE Date: 2026.08.03 16:29:55 +0530