1 CGHC010392022023 2026:CGHC:34335 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9486 of 2023 1 - Sitaram Ahirwar S/o Shri Ayodhaya Prasad, Aged About 52 Years R/o Village Post Sarwal, District - Chhatarpur, (Mp). 471001. 2 - Deendayal Ratre S/o Late Shri Gangadhar Ratre, Aged About 55 Years R/o Village And Post Lakhanpur, District - Surguja, Chhattisgarh. 3 - Yogesh Manwatkar S/o Late Shri Umakant Manwatkar, Aged About 55 Years R/o Vinobha Nagar, Near Gyatri Mandir, Bilaspur, Chhattisgarh. 4 - Voel Robert S/o Ganga Prasad, Aged About 54 Years R/o Ward No.11, Pallari, District - Baloda Bazar - Bhatapara, Chhattisgarh. 5 - Ajay Kumar Mandal S/o Late Shri Jodhram Mandal Aged About 55 Years R/o Ambedkar Nagar, Infront Of Dhronacharya School, Pamgarh, District - Janjgir- Champa, Chhattisgarh 495554. --- Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Department Of Fisheries Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District - Raipur, Chhattisgarh. 2 - Director, Department Of Fisheries, 4th Floor, Block -B, Indravati Bhawan, Nava Raipur, Atal Nagar, Raipur, Chhattisgarh. --- Respondents For Petitioners : Mr. Ayush Mittal, Adv. For Respondents : Mr. Ashutosh Shukla, Panel Lawyer with Mr. Vikhyat Arora, PL. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order On Board 5-8-2026 1. The petitioners have preferred the present writ petition seeking the following reliefs:- 2 “(A). Issue a Writ of Mandamus or any other appropriate writ directing the Respondents to treat the promotion of the Petitioners to the post of Assistant Fisheries Officer as having retrospective/notional effect from 25.05.2012 (the date of the original batch promotion), at par with the benefit granted to co-employees Smt. Anita Bhardwaj and Smt. Alka Swarnakar vide Order dated 16.06.2023. (B). Direct the Respondents to re-fix the seniority of the petitioners in the cadre of Assistant Fisheries Officer above all persons appointed by direct recruitment or otherwise after 25.05.2012, with all consequential effects. (C). Direct that the Petitioners' eligibility for further promotion shall be reckoned on the basis of such re-fixed seniority, ignoring the illegal supersession caused due to delayed promotion; (D). Direct the Respondents to grant all consequential monetary benefits flowing from such notional promotion and re-fixation of seniority, including arrears of pay, to the extent deemed just and equitable by this Hon'ble Court. (E). Pass any other order or direction deemed just and proper in the interest of justice.” 2. The grievance of the petitioners in the present writ petition is that they were appointed to the post of Fisheries Inspector in the year 1995. However, despite completion of about 25 years of service, they were not promoted to the promotional post of Assistant Fisheries Officer. Eventually, they were promoted to the said post only on 10-11-2020 vide order Annexure Doc.-C with prospective effect. 3. Learned counsel for the petitioners submits that, in terms of the provisions of the Rule 13 of the Madhya Pradesh Non-Gazetted Class III (Executive and Ministerial) Fisheries Service Recruitment Rules, 3 1971 (hereinafter referred to as "the Rules of 1971"), the respondent authorities were required to convene meetings of the Departmental Promotion Committee (DPC) every year for considering eligible candidates for promotion. However, after the appointment of the petitioners in the year 1995, meetings of the DPC were convened only in the years 2012, 2019 and 2020. It is further submitted that the petitioners, along with other eligible officers, were entitled to be considered for promotion to the post of Assistant Fisheries Officer and that, as many as 26 promotional posts were lying vacant in the year 2012, however, only 12 officers were promoted and the remaining vacancies were kept unfilled. Learned counsel further submits that, vide order dated 16-6-2023 (Annexure Doc.-A), Smt. Anita Bharadwaj and Smt. Alka Swarnkar, who had initially been promoted in the year 2019, were subsequently granted promotion with retrospective effect. On the other hand, although the petitioners were promoted vide order dated 10-11-2020 (Annexure Doc.-C), such promotion was granted only with prospective effect. He, therefore, prays that he may be permitted to withdraw the present writ petition with liberty to file a fresh representation before the respondent authorities claiming promotion with retrospective effect on the same footing as has been granted to Smt. Anita Bharadwaj and Smt. Alka Swarnkar, who, according to him, are similarly situated to the petitioners. 4. Learned counsel appearing for the respondents has no objection to allow the aforesaid prayer. 5. In view of the above, the present writ petition is disposed of with liberty to the petitioners to submit a fresh representation before the 4 respondent authorities within a period of 15 days from today raising all the grievances raised in the present petition. In the event such representation is submitted along with a copy of this order, the respondent authorities shall consider and decide the same, in accordance with law, as expeditiously as possible, preferably within a period of 45 days from the date of receipt of the representation. 6. The writ petition stands disposed of accordingly. 7. Pending interlocutory application(s), if any, shall also stand disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge pathak AVANISH KUMAR PATHAK Digitally signed by AVANISH KUMAR PATHAK Date: 2026.08.06 17:47:25 +0530