1 CGHC010200182021 2026:CGHC:36231 NAFR HIGH COURT of CHHATTISGARH AT BILASPUR WPS No. 4450 of 2021 Parvez Ali S/o Shri Mohsin Ali, Aged About 28 Years R/o Sadar Uttar Ward No. 14, Noorani Chowk Dhamtari, District Dhamtari Chhattisgarh. ... Petitioner versus 1- State of Chhattisgarh Through Secretary, Department of Co-Operative, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh, District : Raipur, Chhattisgarh. 2 - Chhattisgarh State Co-Operative Dairy Federation Through Its Managing Director, Urla, Police Station Bmy Charol District Durg Chhattisgarh, District : Durg, Chhattisgarh. 3 - General Manager (Personnel And Administration), Chhattisgarh State Co- Operative Dairy Federation Urla, Police Station Bmy Charol District Durg Chhattisgarh, District : Durg, Chhattisgarh. 4 - General Manager (Marketing), Chhattisgarh State Co-Operative Dairy Federation Urla, Police Station Bmy Charol District Durg Chhattisgarh, District : Durg, Chhattisgarh. 5 - Assistant General Manager (Marketing), Chhattisgarh State Co-Operative Dairy Federation Urla, Police Station Bmy Charol District Durg Chhattisgarh, District : Durg, Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Faisal Akhtar, Advocate For Respondent/State : Mr. Amandeep Singh, Panel Lawyer For Respondents No.2 to 5 : Ms. Akanksha Jain, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 14/08/2026 1. The petitioner has filed this petition seeking the following relief(s):- 2 “10.1. The Hon'ble Court may kindly be pleased to direct the respondent authority to issue a technical resignation to the petitioner. 10.2. The Hon'ble Court may kindly be pleased to grant any other relief which this Hon'ble Court deems fit and proper in favour of the petitioner as per the facts & circumstance of the present case, in the interest of justice.” 2. The facts, in brief, are that the petitioner was appointed to the post of Accountant under respondent No. 2 vide order dated 03.10.2018, thereafter, he participated in the recruitment process for appointment to the post of Lecturer in the School Education Department, Directorate of Public Instruction, pursuant to the advertisement issued on 09.03.2019. The petitioner participated in the said selection process and he got selected and an appointment order was issued on 22.02.2021. Earlier, the petitioner had applied for No Objection Certificate (for short, NOC) before respondent No. 2, which was granted after his selection, i.e., on 05.10.2019. 3. After selection, the petitioner tendered his resignation on 23.02.2021, which was accepted by the competent authority on 05.03.2021. He also moved an application before respondent No. 2 seeking to treat his resignation as a technical resignation in accordance with the circular issued by the Finance Department dated 03.08.2018. However, the said application has neither been considered nor decided by the respondent authorities till date. 4. Mr. Faizal Akhtar, learned counsel appearing for the petitioner would submit that the Chhattisgarh State Cooperative Dairy Federation is an instrumentality of the State of Chhattisgarh; therefore, the circulars, notifications and orders issued by the State Government from time to time are applicable to the said institution. He would further submit that prior to participating in the recruitment process for the post of Lecturer, the petitioner had applied for grant of NOC, which was subsequently 3 granted ON 05.10.2019. After selection, he also applied for grant of lien and requested that his resignation be treated as a technical resignation. However, no decision has been taken on his application, therefore, the respondent authorities, particularly respondents No. 2 to 5, may be directed to decide the pending representation of the petitioner. 5. On the other hand, learned counsel appearing for the respondents would submit that the circulars and relevant service rules relied upon by the petitioner are not applicable to the employees of the State Cooperative Dairy Federation. She would contend that the petitioner was appointed under the Chhattisgarh State Cooperative Dairy Federation- Employees Recruitment, Classification & Service Condition Regulation, 2014, and this fact is evident from the appointment order dated 03.10.2018. She would further submit that there is no provision relating to technical resignation under the said Regulations and no such right is available to the petitioner; thus, the petitioner has no legal right to claim technical resignation, and the petition deserves to be dismissed. 6. Mr. Amandeep Singh, learned Panel Lawyer would support the submissions advanced by learned counsel for the respondents No.2 to 5. 7. Heard learned counsel for the parties and perused the documents placed on file. 8. It appears that the petitioner tendered his resignation before respondent No. 2 and also made an application seeking to treat the same as a technical resignation along with a request for grant of lien on the post of Accountant. 9. Considering the fact that the application submitted by the petitioner has not yet been decided, this petition is disposed of with a direction to respondents No. 2 to 5 to consider and decide the pending 4 application of the petitioner, preferably within a period of 90 days from the date of receipt of a copy of this order. 10.It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- Rakesh Mohan Pandey JUDGE Nadim