1 CGHC010365912018 2026:CGHC:34436 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7637 of 2018 1 - Mohit Ram Kaiwart S/o Shri Shirwarnath Kaiwarth Aged About 56 Years Working As Chief Executive Officer, Janpad Panchayat Pali, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh 2 - Jibhan Singh Rathore S/o Shri G. L. Singh Aged About 56 Years Posted At Commissioner Tribal Welfare Department, Indrwati Bhawan, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Virendra Kumar Rathore S/o Shri H. P. Rathore Aged About 52 Years Working As Chief Executive Officer, Janpad Panchayat Podiuproda, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh 4 - Chandra Shekhar Sharma S/o Shri D. P. Sharma Aged About 56 Years Posted At Commissioner Tribal Welfare Department, Indrawati Bhawan, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 5 - Punit Ram Sahu S/o Shri Satrovar Ram Sahu Aged About 54 Years Working As Chief Executive Officer, Janpad Panchayat Dondi, District- Balod, Chhattisgarh., District : Balod, Chhattisgarh 6 - Agyamani Patel S/o Shri G.R. Patel Aged About 57 Years Working As Chief Executive Officer, Janpad Panchayat Dharmjaigarh, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh 7 - Laxmi Narayan Sidar S/o Shri Ghadidas Sidar Aged About 48 Years Working As Chief Executive Officer, Janpad Panchayat Lailunga, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh 8 - V. N. Naik S/o Late Shri Garun Singh Naik Aged About 57 Years Working As Chief Executive Officer, Janpad Panchayat Tamnar, District- Raigah, Chhattisgarh., District : Raigarh, Chhattisgarh 9 - M. S. Nagesh S/o Shri J.S. Nagesh Aged About 55 Years Working As Chief Executive Officer, Posted As Assistant Project Officer, Zila Panchayat Korba, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh 10 - Govind Singh Badhai S/o Shri C.R. Badhai Aged About 50 Years Working As Chief Executive Officer, Janpad Panchayat Makdi, District- Kondagaon, Chhattisgarh., District : Kondagaon, Chhattisgarh REKHA SINGH Digitally signed by REKHA SINGH DN: cn=REKHA SINGH, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.08.06 16:56:18 +0530 -2- 11 - B. L. Banjare S/o Shri S. R. Banjare Aged About 55 Years R/o House No. 3134, Adarsh Nagar, Mowa, Rasipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 12 - Omprakash Sharma S/o Late Shri D. R. Sharma Aged About 58 Years Working As Chief Executive Officer, Janpad Panchayat Kharsiya, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh 13 - Vijay Narayan Tiwari S/o Shri K. L. Tiwari Aged About 55 Years R/o B- 1/1, Bartunga Kothari, Chirmiri, Baikunthpur, District- Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through The Additional Chief Secretary, Department Of Scheduled Caste And Scheduled Tribes Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Additional Chief Secretary Department Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Commissioner Scheduled Caste And Scheduled Tribe Development, Mantralya, Indravati Bhavan, Naya Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For petitioners : Mr. Jitendra Pali, Advocate For State : Mr. Anil S. Pandey, GA Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 06.08.2026 1. The petitioners have filed this petition seeking following relief (s) : “i. To kindly call for the records of the case from the respondents; ii. To kindly direct the respondent No. 1 to transfer the services of the petitioners in the Department of Panchayat and Rural Development (their parent department) iii. To kindly direct the respondent No.2 to prepare a unified gradation list of all Additional Assistant Development Commissioners keeping in view the select list prepared by Public Service Commission in the year 1998. 3 iv. To kindly direct the respondent No.1 thereafter to grant proforma promotion to the petitioners from the date the persons junior to him as per the select list have been granted promotion to the next higher post in the Panchayat and Rural Development Department. V. To kindly direct the respondents to post the petitioners in the Panchayat and Rural Development Department on the promoted post after giving them proforma promotion. vi. The respondents may be given liberty to post the petitioners in the Scheduled Caste and Scheduled Tribes Development Department by posting them on deputation in case there is shortage of Chief Executive Officer or other officers in the Scheduled Caste and Scheduled Tribes Development Department, vii. To kindly direct the respondents to initiate exercise of recasting gradation list, holding of review DPC and grant of proforma promotion to all identically placed petitioners and the same shall be completed within a period of four months viii. To kindly direct the respondents to provide all consequential benefits to the petitioners. ix. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.” 2. The facts, in brief, are that the petitioners were selected against the posts of Additional Assistant Development Commissioners in the year 1998 pursuant to the advertisement issued on 07.11.1996. The examination was conducted by the M.P. Public Service Commission, and the result was declared in the month of December, 1997. Subsequently, the orders of appointment were issued in the months of May and June, 1998, by the Tribal Welfare Department, and thus, the petitioners became employees of the -4- said department. Subsequently, the Employees' Union moved an application for transfer of their services from the Tribal Welfare Department to the Panchayat and Rural Development Department, and the said representation was accepted by the Commissioner, Welfare, in the year 2015. Thereafter, the petitioners made representations before the respondent authorities seeking transfer of their services to their parent department, i.e., the Tribal Welfare Department, in the light of the judgment passed by the High Court of Madhya Pradesh in the matter of Anurag Saxena Vs. State of Madhya Pradesh in W.P. No.1281 of 2006 and connected matters. However, till date, no decision has been taken thereon. 3. Mr. Pali, learned counsel appearing for the petitioners would submit that a direction may be issued to respondent No.1 to take a decision on pending representations of the petitioners in the light of the judgment passed in the matter of Anurag Saxena (supra) within a stipulated time. 4. On the other hand, Mr. Pandey, learned Government Advocate appearing for the respondents/State, would oppose the submissions. He would submit that most of the petitioners have already attained the age of superannuation and, thus, this petition has become infructuous. 5. Heard learned counsel appearing for the parties and perused the documents placed on record. 6. Having considered limited prayer made by Mr. Pali, this petition, at this juncture, is disposed of reserving liberty in favour of the petitioners that, if the petitioners make representation(s) before 5 respondent No.1 within a period of 45 days from today, the authority concerned shall decide the same strictly in accordance with law, keeping in mind the judgment passed by the High Court of Madhya Pradesh in the matter of Anurag Saxena (supra), preferably within a further period of 90 days. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. 8. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha