Chattisgarh High Court
Vijay Kumar Kosta vs State Of Chhattisgarh on 11 April, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 187 of 2022
Vijay Kumar Kosta S/o Late H.L. Kosta, Aged About 49 Years R/o G-1/12
G A D Colony, Kancha, Shankar Nagar, Raipur, Police Station
Khamardeeh, Tahsil Raipur, District Raipur Chhattisgarh.
---- Appellant
Versus
1. State of Chhattisgarh Through Its Secretary, General Administration
Department, Mahanadi Bhavan, Police Station And Post Rakhi, Atal
Nagar, Raipur, District Raipur Chhattsigarh.
2. Secretary of State Election Commission, Office of C.G. State
Election Commission, D K S Bhawan, Near Old Mantralaya, Raipur,
Police Station Gol Bazar, Tahsil And District Raipur Chhattisgarh.
3. Balram Dewangan S/o Shri Bhisham Lal Dewangan, Working As
Privet Secretary At Chhattisgarh State Election Commission Raipur,
Election Bhawan Sector 19, North Block Naya Raipur, District
Raipur Chhattisgarh.
---- Respondents
(Cause-title taken from Case Information System)
For Appellant : Mr. Ajay Kumar Barik, Advocate
For Respondent No.1 : Mr. Gagan Tiwari, Deputy Government Advocate
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri Gautam Chourdiya, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
11.04.2022
Heard Mr. Ajay Kumar Barik, learned counsel for the appellant. Also
heard Mr. Gagan Tiwari, learned Deputy Government Advocate,
appearing for respondent No.1.
2. This appeal is presented against an order dated 09.04.2021 passed
by the learned Single Judge in Writ Petition (S) No.1758 of 2021,
dismissing the writ petition on the ground of delay and laches.
3. The facts lie in a narrow compass :
The appellant was sent on deputation to the Chhattisgarh State
Election Commission, Raipur on 11.02.2003 while serving as a Steno
Typist in Water Resources Department. Subsequently, he was absorbed
in the Chhattisgarh State Election Commission, Raipur on 13.09.2006.
Later on, he was promoted to the post of Personal Assistant and
thereafter, to the post of Private Secretary on 14.01.2014. Respondent
No.3, who was appointed as Assistant Grade-III on 21.03.2007 in the
Mines Department, was sent on deputation to the Chhattisgarh State
Election Commission on 12.12.2008. He was promoted as Steno Typist
on 12.11.2009 and subsequently promoted to the post of Private
Secretary on 02.02.2019. After the respondent No.3 was promoted as
Private Secretary, the appellant submitted a representation on
16.07.2019 questioning the absorption of respondent No.3 as Steno
Typist.
4. In the writ petition, date of absorption of respondent No.3 is not
mentioned.
5. In the background of the aforesaid factual matrix, the learned Single
Judge recorded that for more than a decade, the appellant never raised
any objection to the absorption of respondent No.3 and as such, the
same had attained its finality.
6. In the writ petition, at paragraph 8.2, the appellant has also
questioned the very fact of sending respondent No.3 on deputation in the
year 2007.
7. Mr. Barik submits that in the writ petition, the petitioner had made
only a limited prayer for directing the respondents to decide the
representation filed by the appellant on 16.05.2019 and the subsequent
representations filed.
8. In a matter of the present nature, we are of the opinion that the
learned Single Judge had rightly observed that the appellant has sought
to raise a stale issue governing the service condition of respondent No.3,
and therefore, we do not think it will be appropriate to direct the
respondents to consider such representations.
9. We see no good ground to interfere with the view taken by the
learned Single Judge. Accordingly, finding no merit, the writ appeal is
dismissed.
Sd/- Sd/-
(Arup Kumar Goswami) (Gautam Chourdiya)
Chief Justice Judge
Anu
