Ravi Padmakar vs State Of Chhattisgarh
2022 Latest Caselaw 7564 Chatt

                                                                     NAFR
            HIGH COURT OF CHHATTISGARH, BILASPUR
                           WA No. 445 of 2022
1.

Ravi Padmakar S/o Shri Siyalal Padmakar Aged About 41 Years Posted Sub Engineer Janpad Panchayat Kartala, District Korba, R/o Nc 118, A B Type, C.S.E.B. Colony Korba East, District Korba Chhattisgarh

2. Sanjeev Kumar Gupta S/o Shri R.P. Gupta Aged About 34 Years Presently Posted As Sub Engineer, R.E.S. Sub Division Fingeshwar, District Gariyabandh, R/o H Type Quarter, Janpad Colony, Behind Water Tank, Fingeshwar, District Gariyabandh Chhattisgarh

3. Yashwant Raj Singh Mandlekar S/o Shri Daduram Mandlekar Aged About 37 Years Presently Posted As Sub Engineer, R.E.S. Sub Division Sakti, District Janjgir Champa R/o Near Temar Railway Crossing, Vidya Sidar Gali, Sothi, Sakti, District Janjgir Champa Chhattisgarh

---- Appellants Versus

1. State of Chhattisgarh Through Its Chairman, Shankar Nagar Road, Raipur Chhattisgarh

2. State of Chhattisgarh Through Secretary, General Administration Department, Mahanadi Bhawan, Naya Raipur District Raipur Chhattisgarh

3. Engineer In Chief Rural Engineering Services, Raipur, District Raipur Chhattisgarh

4. Chhattisgarh Public Service Commission Through Its Chairman, Shankar Nagar Road, Raipur Chhattisgarh

5. Milap Ram Sahu Aged About 61 Years, Presently Posted As Sub Divisional Officer At Rural Engineering Services, Sub Division Malkharoda, Distict Janjgir Champa Chhattisgarh

6. K.V. Smitosh Aged About 39 Years, Presently Posted As Assistant Engineer, At Chhattisgarh Gramin Sadak Vikas Abhikaran, Head Quarter, Raipur District Raipur Chhattisgarh Working Under Chief Executive Officer Chhattisgarh Gramin Sadak Vikas Abhikaran, Vikas Ayukt Office Civil Lines Raipur, District Raipur Chhattisgarh

7. Vimal Kumar Singh S/o Babban Singh Aged About 49 Years Presently Posted As Assistant Engineer At Pariyojna Kriyanvayan Ikai No. 1, Chhattisgarh Gramin Sadak Vikas Abhikaran Ambikapur, District Sarguja Chhattisgarh

8. Smt. Rajitha Arigly W/o Ramesh Arigly Aged About 45 Years Presently Posted As Sub Divisional Officer At Sub Division Bhopalpatnam, District Bijapur Chhattisgarh

9. Jakir Hussain Kuraishi S/o Hajir Mohammad Kuraishi Aged About 54 Years Presently Posted As Assistant Engineer At Chhattisgarh Gramin Sadak Vikas Abhikaran, Head Quarter, Raipur District Raipur Chhattisgarh Working Under Chief Executive Officer, Chhattisgarh Gramin Sadak Vikas Abhikaran, Vikas Ayukt Office Civil Lines Raipur District Raipur Chhattisgarh

10. Tilak Ram Janghel S/o Maya Ram Janghel Aged About 50 Years Presently Posted As Sub Divisional Officer At Sub Division Antagarh, District Kanker Chhattisgarh

11. Charls Roshan Ekka S/o Jawakin Ekka Aged About 41 Years Presently Posted As Assistant Engineer At Pariyojnakriyanvayanikai, Chhattisgarh Gramin Sadak Vikas Abhikaran Ambikapur District Sarguja Chhattisgarh

12. Triveni Kant Gajendra S/o Ramesh Gajendra Aged About 40 Years Presently Posted As Assistant Engineer At Pariyojnakriyanvayanikai Chhattisgarh Gramin Sadak Vikas Abhikaran, Kabirdham, District Kabirdham Chhattisgarh

13. Ashish Kuldeep S/o Shri S.D. Kuldeep Aged About 38 Years Presently Posted As Sub Divisional Officer At Rural Engineering Services, Sub Division Fingeshwar, District Gariyabandh Chhattisgarh

14. Ramnarayan Rathore S/o Hetram Rathore Aged About 37 Years Presently Posted As Assistant Engineer At Pariyojnakriyanvayanikai No. 2, Chhattisgarh Gramin Sadak Vikas Abhikaran, Gundardehi, District Balod Chhattisgarh

15. Omprakash Sahu S/o Firat Lal Sahu Aged About 37 Years Presently Posted As Assistant Engineer At Pariyojnakriyanvayanikai Chhattisgar Graminsadak Vikas Abhikaran, Jagdalpur District Jagdalpur Chhattisgarh

16. Asitgolchha S/o Milal Golchha Aged About 37 Years Presently Posted As Assistant Engineer At Pariyojnakriyanvayanikai Chhattisgarh Graminsadak Vikas Abhikaran, Raipur District Raipur Chhattisgarh

17. Nayan Kumar Pradhan S/o Laxmidhar Pradhan Aged About 50 Years Presently Posted As Assistant Engineer At Gramin Vikas Sambhag, Chhattisgarh Graminsadak Vikas Abhikaran, Mahasamund District Mahasamund Chhattisgarh

18. Harish Kumar Sahu S/o Pyarelal Sahu Aged About 50 Years Presently Posted As Assistant Engineer At Gramin Vikas Sambhag, Chhattisgarh Graminsadak Vikas Abhikaran, Mahasamund District Mahasamund Chhattisgarh

19. Brijesh Kumar Shrivastava S/o Babulal Shrivastava Aged About 47 Years Presently Posted As Assistant Engineer At Gramin Vikas Sambhag Chhattisgarh Graminsadak Vikas Abhikaran Ambikapur Distict Sarguja Chhattisgarh

20. Satendra Kumar Pandey S/o Dhruv Narayan Pandey Aged About 44 Years Presently Posted As Assistant Engineer At Pariyojnakriyanvayanikai No. 2 Chhattisgarh Graminsadak Vikas Abhikaran, Ambikapur, District Sarguja Chhattisgarh

21. Sonali Sinha D/o Late Ajit Sinha Aged About 41 Years Presently Posted As Assistant Engineer At Pariyojnakriyanvayanikai No. 2, Chhattisgarh Graminsadak Vikas Abhikaran, Ambikapur District Sarguja Chhattisgarh

22. Chandrakant Shukla S/o Saroj Datt Shukla Aged About 39 Years Presently Posted As Assistnat Engineer At Pariyojnakriyanvayanikai Chhattisgarh Graminsadak Vikas Abhikaran Jangir Champa District Janjgir Champa Chhattisgarh

23. Uttam Kumar Chaudhary S/o Lohan Lal Chaudhary Aged About 48 Years Presently Posted As Sub Divisional Officer At Rural Engineering Services, Sub Division Charama, District Kanker Chhattisgarh

24. Kamlesh Kumar Chandrakar Rudhranathchandrakar Aged About 47 Years Presently Ikai No. 1, Chhattisgarh Gramin Sadak Vikas

Abhikaran Gariyabandh District Gariyabandh Chhattisgarh

25. Jai Prakash S/o Nammu Ram Aged About 46 Years Presently Posted As Sub Divisional Officer At Rural Engineering Services Sub Division Doundi District Balod Chhattisgarh

26. Baburam Dipak Vishwakarma S/o Bachchan Prasad Vishwakarma Aged About 46 Years Presently Posted As Assistant Engineer At Pariyojna Kriyanvayan Ikai, Chhattisgarh Gramin Sadak, Vikas Abhikaran Koba, District Korba Chhattisgarh

27. Pradeep Kumar Sahu S/o Jamuna Sahu Aged About 45 Years Presently Posted As Assistant Engineer At Pariyojna Kriyanvayan Ikai, Chhattisgarh Gramin Sadak Vikas Abhikaran, Korba, District Korba Chhattisgarh

28. Navin Kumar Chandarkar S/o Nilkant Chandrakar Aged About 44 Years Presently Posted As Sub Divisional Officer At Rural Engineering Services Sub Division Gariyabandh, District Gariyaband Chhattisgarh

29. Narendra Thakur S/o Kabilash Thakur Aged About 41 Years Presently Posted As Sub Divisional Officer At Rural Engineering Services Sub Division Narharpur, Distict Kanker Chhattisgarh

30. Shailendra Kumar Bharti S/o Shev Shankar Ram Aged About 40 Years Presently Posted As Sub Divisional Officer At Rural Engineering Services, Sub Division Udaipur, District Sarguja Chhattisgarh

31. Amil Kumar Banjare S/o B.R. Banjare Aged About 38 Years Presently Posted As Sub Divisional Officer At Rural Engineering Services, Sub Division Masturi, District Bilaspur Chhattisgarh

32. Ganesh Kumar Mandare S/o Ramu Mandare Aged About 51 Years Presently Posted As Sub Divisional Officer At Rural Engineering Services Sub Division Nawagarh, District Bemetara Chhattisgarh

33. Ramnarayan Patel S/o Tarak Ram Patel Aged About 48 Years Presently Posted As Assistant Engineer At Pariyojna Kriyanvayan Ikai No. 1, Chhattisgarh Gramin Sadak Vikas Abhikaran, Jashpur District Jashpur Chhattisgarh

34. Shailendra Verma S/o Ram Singh Verma Aged About 41 Years Presently Posted As Sub Divisional Officer At Rural Engineering Sevices Sub Division Bilaigarh District Balodabazar Chhattisgarh

35. Daneshwar Dewangan S/o Man Singh Aged About 46 Years Presently Posted As Sub Divisional Officer At Rural Engineering Services, Sub Division Saja District Bemetara Chhattisgarh

36. Khilesh Kumar Sahu S/o Arun Kumar Sahu Aged About 44 Years Presently Posted As Sub Divisional Officer At Rural Engineering Services, Sub Division Bade Raipur District Kondagaon Chhattisgarh

37. Ghanshyam Lal Dewangan S/o Purshottam Lal Dewangan Aged About 44 Years Presently Posted As Assistant Engineer At Pariyojna Kriyanvayan Ikai, Chhattisgarh Gramin Sadak Vikas Abhikaran, Raigarh District Raigarh Chhattisgarh

38. Roopnarayan Patel S/o Ramji Patel Aged About 43 Years Presently Posted As Sub Divisional Officer At Rural Engineering Services, Sub Division Makdi, District Kondagaon Chhattisgarh

39. Ajay Kumar Chaudhary S/o Bhailal Chaudhary Aged About 42 Years Presently Posted As Sub Divisional Officer At Rural Engineering Services, Sub Division Kondagaon District Kondagaon Chhattisgarh

40. Ganpatram Sahu S/o Hemlal Sahu Aged About 41 Years Presently Posted As Assistant Engineer At Pariyojna Kriyanvayan Ikai No. 2 Chhattisgarh Gramin Sadak Vikas Abhikaran, Jashpur District Jashpur Chhattisgarh

41. Nilesh Kumar Sinha S/o Lala Ram Sinha Aged About 38 Years Presently Posted As Assistant Engineer At Pariyojna Kriyanvayan Ikai, Chhattisgarh Gramin Sadak Vikas Abhikaran, Dhamtari District Dhamtari Chhattisgarh

42. Ghanshyam Sinha S/o Mannu Lal Sinha Aged About 37 Years Presenlty Posted As Sub Divisional Officer At Rural Engineering Services, Sub Division Bakawand District Bastar Chhattisgarh

43. Subhash Chandra Gore S/o Sanval Ram Gore Aged About 48 Years Presently Posted As Sub Divisional Officer At Rural Engineering Services, Sub Division Mohla, District Rajnandgaon Chhattisgarh

44. Bhaskar Kumar Rathore S/o Ujit Ram Rathore Aged About 47 Years Presently Posted As Sub Divisional Officer At Rural Engineering Services Sub Division Baloda, District Janjgir Champa Chhattisgarh

45. Raghuveer Sahu S/o Jula Ram Sahu Aged About 47 Years Presently Posted As Sub Divisional Officer At Rural Engineering Services, Sub Division Takhatpur District Bilaspur Chhattisgarh

46. Raghvendra Bahadur Singh S/o Harendra Bahadur Singh Aged About 42 Years Presently Posted As Sub Divisional Officer At Rural Engineering Services, Sub Division Mahasamund District Mahasamund Chhattisgarh

47. Amit Kumar Parihar S/o Shyam Bilari Parihar Aged About 40 Years Presently Posted As Assistant Engineer At Pariyojna Kriyanvayan Ikai Chhattisgarh Gramin Sadak Vikas Abhikaran Gourela Pendra Marwahi District Gourela Pendra Marwahi Chhattisgarh

48. Vivek Kumar Jadhav S/o Anil Jadhav Aged About 37 Years Presently Posted As Assistant Engineer At Pariyojna Kriyanvayan Ikai Chhattisgarh Gramin Sadak Vikas Abhikaran Sukma, District Sukma Chhattisgarh

49. Manish Kumar Sahu S/o Lakhan Lal Sahu Aged About 47 Years Presenlty Posted As Assistant Engineer At Pariyojna Kriyanvayan Ikai, Chhattisgarh Gramin Sadak Vikas Abhikaran Narayanpur, District Narayanpur Chhattisgarh

50. Jitendra Kumar Verma S/o Bihari Lal Verma Aged About 57 Years Presently Posted As Sub Divisional Officer At Rural Engineering Services, Sub Division Kharsiya District Raigarh Chhattisgarh

51. Shashikant Verma S/o Munna Lal Aged About 55 Years Presently Posted As Assistant Engineer At Pariyojna Kriyanvayan Ikai, Chhattisgarh Gramin Sadak Vikas Abhikaran, Balodabazar, District Balodabazar Bhatapara Chhattisgarh

52. Sanjay Kumar Chandrakar S/o Khambhan Lal Chandrakar Aged About 53 Years Presently Posted As Sub Divisional Officer At Rural Engineering Services, Sub Division Sukma District Sukma Chhattisgarh

53. R. Ram Mohan Rao S/o R. Chinnaih Aged About 51 Years Presently Posted As Assistant Engineer At Pariyojna Kriyanvayan Ikai, Chhattisgarh Gramin Sadak Vikas Abhikaran Durg District Durg Chhattisgarh

54. Jashwant Kumar Jaiswal S/o Chhattar Singh Jaiswal Aged About

51 Years Presently Posted As Sub Divisional Officer At Rural Engineering Services, Sub Division Palari, District Balodabazar Bhatapara Chhattisgarh

55. Rajesh Kumar Shrivastava S/o Narnath Sahay Aged About 48 Years Presently Posted As Sub Divisional Officer At Rural Engineering Services, Sub Division Duldula District Jashpur Chhattisgarh

56. Ashish Bajpayee S/o Naresh Kumar Bajpayee Aged About 39 Years Presently Posted As Assistant Engineer At Pariyojna Kriyanvayan Ikai No. 1 Chhattisgarh Gramin Sadak Vikas Abhikaran Raigarh District Raigarh Chhattisgarh

57. Anuj Kumar Bhargav S/o Sewakram Bhargav Aged About 39 Years Presently Posted As Sub Divisional Officer At Pariyojna Kriyanvayan Ikai Chhattisgarh Gramin Sadak Vikas Abhikaran, Kondagaon District Kondagaon Chhattisgarh

58. Vinay Kumar Chhatre S/o Ram Phal Chhatre Aged About 49 Years Presently Posted As Assistant Engineer, Chhattisgarh Gramin Sadak Vikas Abhikaran, Pariyojna Mandal, Bilaspur, R.R.N.M.U. Campus Kachhar Road Gram Panchayat Sendri, District Bilaspur Chhattisgarh

---- Respondents (Cause-title taken from Case Information System)

For Appellants : Mr. Bhaskar Payashi, Advocate For Respondents No.1 to 3 : Mr. Jitendra Pali, Deputy Advocate General For Respondent No.4 : Dr. Sudeep Agrawal, Advocate

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri Arvind Singh Chandel, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

14.12.2022

Heard Mr. Bhaskar Payashi, learned counsel for the appellants.

Also heard Mr. Jitendra Pali, learned Deputy Advocate General,

appearing for respondents No.1 to 3 and Dr. Sudeep Agrawal, learned

counsel, appearing for respondent No.4.

2. This appeal is presented against an order dated 28.06.2022 passed

by the learned Single Judge in WPS No.4292 of 2022. The order reads

as follows :

"Shri Vaibhav Shukla and Shri Bhaskar

Payashi, counsel for the petitioners.

Shri Ali Asgar, Additional Advocate General for

the State.

Shri Sudeep Kumar Agrawal, counsel for the

PSC/respondent No.4.

Heard on the petition and on he application for

grant of interim relief. The petitioners are

challenging whole recruitment process initiated by

respondents No.1, 2, 3 and 4.

It is submitted that a number of colleagues of

the petitioners who are not qualified to be

considered for promotion are in the run for being

considered for promotion, by the departmental

promotion committee. The petitioners have made

various representations before the respondents

praying to stay the process of promotion,

subsequent to which, this petition has been filed.

Learned counsel for the State representing

respondent No.1 to 3 and counsel for respondent

No.4 oppose the submission and time is sought

for filing reply.

The relief prayed in the writ petition is to quash

the promotion order dated 31-12-2020 and

22-09-2021, therefore, it appears that this petition

has been filed after sufficient delay. There is no

document on record to show that any DPC is to

be convened in near future. Therefore, I am of this

view that this application for interim relief is not fit

to be allowed, which is rejected.

                  Respondents      No.1,    2,    3   and    4    are

              represented.

                  Notice be issued to other respondents.

                  P.F. as per rules.

                  List this case after four weeks."

3. Mr. Payashi submits that this appeal is preferred against rejection of

of the prayer for interim order.

4. Mr. Pali and Dr. Agrawal submit that this appeal is not maintainable

in view of clear provision contained in Section 2(1) of the Chhattisgarh

High Court (Appeal to Division Bench) Act, 2006, which provides that no

appeal shall lie against an interlocutory order or against an order passed

in exercise of supervisory jurisdiction under Article 227 of the Constitution

of India.

5. Section 2(1) of the Chhattisgarh High Court (Appeal to Division

Bench) Act, 2006 reads as follows :

"2. Appeal to the Division Bench of the High Court from a Judgment or order of one judge of the High Court made in exercise of original jurisdiction.-(1) An appeal shall lie from a judgment or order passed by one Judge of the High Court in exercise of original Jurisdiction under Article 226 of the Constitution of India, to a Division Bench comprising of two Judges of the

same High Court :

Provided that no such appeal shall lie against an interlocutory order or against an order passed in exercise of supervisory jurisdiction under Article 227 of the Constitution of India. "

6. We find substance in the arguments of Mr. Pali and Dr. Agrawal.

7. Accordingly, the writ appeal is dismissed as not maintainable.

                   Sd/-                                             Sd/-
           (Arup Kumar Goswami)                          (Arvind Singh Chandel)
               Chief Justice                                      Judge
Anu