1 2026:CGHC:18438 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6775 of 2021  Surendra Kumar Nag S/o Late Shri Chaitram Nag Aged About 46 Years R/o Village Barsur, Nagar Pnachayat Barsur, Police Station Barsur, Tehsil Gidam, District South Bastar- Dantewada, Chhattisgarh, 494441 ... Petitioner versus 1. State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Mahanadi Bhavan, Atal Nagar, Raipur, Chhattisgarh 2. State Of Chhattisgarh Through Secretary, Pnachayat And Rural Development Department, Mahanadi Bhawan, Atal Nagar, Raipur, Chhattisgarh 3. Director Urban Administration And Development Department, Raipur, Chhattisgarh 4. Joint Director, Urban Administration And Development Department, Raipur, Chhattisgarh 5. Deputy Director Panchayat, District South Bastar- Dantewada, Chhattisgarh 6. Collector District South Bastar- Dantewada, Chhattisgarh 7. Chief Executive Officer Jila Panchayat, Distict South Bastar- Dantewada, Chhattisgarh 8. Chief Executive Officer Janpad Panchayat, Gidam, District South Bastar- Dantewada, Chhattisgarh 9. Chief Municipal Officer Nagar Panchayat Barsur, District South Bastar- Dantewada, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Vivek Kumar Agrawal, Advocate For State : Mr. Kanwaljeet Singh Saini, Panel Lawyer For Respondent No. 9 : Mr. Komal Prasad Sahu, Advocate holding the brief of Dr. Sudeep Agrawal, Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 22.04 .2026 SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.04.24 11:16:01 +0530 2 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 Call for records of the case from the respondents. 10.2 Issue appropriate writ(s) / direction(s) / order(s) directing the respondents to absorb services of the petitioner in Nagar Panchayat as claimed by the petitioner in his representations within a fixed period of time. 10.3 Pass such other orders as this Hon'ble Court may deem fit. 10.4 That this Hon'ble Court may kindly be pleased to set aside the oral order of removal given to the petitioner. 10.5 That this Hon'ble Court may kindly be pleased to direct the respondents to reinstate the petitioner as an employee of Nagar Panchayat Barsur with effect from 2008 with all consequential benefits such as arrears of salary, seniority and other consequential benefits.” 2. Learned counsel for the petitioner would submit that initially the petitioner was appointed on the post of Panchayat Karmi on 14.02.2001 and subsequently, he was declared Secretary of Gram Panchayat, Barsur on 26.03.2002. He would contend that the Gram Panchayat, Barsur was declared as Nagar Panchayat on 25.09.2008. He would submit that according to scheme, the Nagar Panchayat was under obligation to absorb the services of the petitioner with the said Nagar Panchayat, but petitioner was deployed with placement agency since 2008 where he worked till 2018. He would contend that the petitioner made various representations before the respondent authorities for absorption of his services, but till date no decision has been taken. He would further contend that the Nagar Panchayat, Barsur sent letter to the State Government to create Class IV post to absorb services 3 of the petitioner on 17.12.2021, but till date no decision has been taken by the respondent No. 3. He would pray for a direction to respondent No. 3 to take immediate decision. 3. On the other hand, learned counsel appearing for respondents would oppose. Mr. Sahu would submit that recommendation has already been made by the Nagar Panchayat with the respondent No. 3, but till date no decision has been taken with regard to absorption of services of the petitioner. Mr. Saini would submit that vide letter dated 22.12.2008, District Collector South Bastar Dantewada directed the respondent No. 9 to take appropriate decision with regard to absorption of the services of employees working with the concerned Gram Panchayat. 4. Heard. 5. It is not in dispute that the petitioner was Secretary of Gram Panchayat, Barsur and said Gram Panchayat was upgraded as Nagar Panchayat on 25.09.2008. According to the policy decision, services of all employees working with the Gram Panchayat were to be absorbed with the newly created Nagar Panchayat, but no decision has been taken with regard to the petitioner till date. The services of the petitioner were sent to the placement agency where he worked for long 10 years from 2008 till 2018, such action of the respondent authorities appears to be illegal, arbitrary, malafide and same comes within the definition of exploitation. A specific order was issued by the Collector on 22.12.2008 to take appropriate decision with regard to absorption of services of all employees working with the Gram Panchayat and further Nagar Panchayat recommended name of the petitioner for absorption and matter is still pending consideration before the respondent 4 No. 3. 6. Taking into consideration the above-stated facts, the respondent No. 3 as well as Collector, South Bastar Dantewada are directed to take expeditious decision with regard to absorption of services of the petitioner within a period of 30 days from the date of receipt of copy of this order. If post is not available, the respondents shall create supernumerary post for absorption of services of the petitioner. 7. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant