Citation : 2026 Latest Caselaw 1685 Chatt
Judgement Date : 15 April, 2026
1
2026:CGHC:17050
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 3386 of 2017
REKHA 1 - Pawan Kumar Jha S/o M.K.Jha, Aged About 55 Years Presently
SINGH Posted As Helper, Working As Trained Amin, In The Office Of Sub
Divisional Officer, Janjgir Canal Division, Sub Division No.1, Water
Resources Department, Janjgir, Chhattisgarh, R/o Quarter No.A-1/01,
Old Irrigation Colony, Janjgir, District Janjgir-Champa, Chhattisgarh,
Chhattisgarh
2 - Chakradhar Tiwari S/o Anirudh Tiwari, Aged About 50 Years Presently
Posted As Wiremen, Working As Amin, In The Office Of Sub Divisional
Officer, Janjgir Canal Division, Sub Division No.1, Water Resources
Department, Janjgir, Chhattisgarh, R/o Old Irrigation Colony, Janjgir,
District Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa,
Chhattisgarh
3 - Basant Lal Tiwari S/o Ganga Prasad Tiwari, Aged About 56 Years
Presently Posted As Site Assistant, Working As Amin, In The Office Of
Sub Divisional Officer, Janjgir Canal Division, Sub Division No.1, Water
Resources Department, Janjgir, Chhattisgarh, R/o Irrigation Colony,
Janjgir, District Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa,
Chhattisgarh
4 - Dhani Ram Sahu S/o Tejauram Sahu, Aged About 47 Years Presently
Posted As Helper, Working As Amin, In The Office Of Sub Divisional
Officer, Janjgir Canal Division, Sub Division No.1, Water Resources
Department, Janjgir, Chhattisgarh, R/o Old Irrigation Colony, Janjgir,
District Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa,
Chhattisgarh
5 - Santosh Kumar Dwivedi S/o Ghasi Ram Dwivedi, Aged About 52
Years Presently Posted As Site Assistant, Working As Amin, In The
Office Of Sub Divisional Officer, Janjgir Canal Division, Sub Division
No.1, Water Resources Department, Janjgir, Chhattisgarh, R/o Old
Irrigation Colony, Janjgir, District Janjgir-Champa, Chhattisgarh,
Chhattisgarh
6 - Chark Kumar Mishra S/o Vishnu Prasad Mishra, Aged About 56 Years
Presently Posted As Helper, Working As Amin, In The Office Of Sub
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Divisional Officer, Janjgir Canal Division, Sub Division No.1, Water
Resources Department, Janjgir, Chhattisgarh, R/o Old Irrigation Colony,
Janjgir, District Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa,
Chhattisgarh
7 - Rajendra Kumar Rathore S/o Badri Prasad Rathore, Aged About 57
Years Presently Posted As Site Assistant, Working As Amin, In The
Office Of Sub Divisional Officer, Janjgir Canal Division, Sub Division
No.1, Water Resources Department, Janjgir, Chhattisgarh, R/o Old
Irrigation Colony, Janjgir, District Janjgir-Champa, Chhattisgarh, District :
Janjgir-Champa, Chhattisgarh
8 - Balram Sahu S/o Cheduram Sahu, Aged About 51 Years Presently
Posted As Helper, Working As Amin, In The Office Of Sub Divisional
Officer, Janjgir Canal Division, Sub Division No.1, Water Resources
Department, Janjgir, Chhattisgarh, R/o Old Irrigation Colony, Janjgir,
District Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa,
Chhattisgarh
9 - Sonaram Yadav S/o Paras Ram Yadav, Aged About 53 Years
Presently Posted As Helper, Working As Amin, In The Office Of Sub
Divisional Officer, Janjgir Canal Division, Sub Division No.1, Water
Resources Department, Janjgir, Chhattisgarh, R/o Old Irrigation Colony,
Janjgir, District Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa,
Chhattisgarh
10 - Arun Kishore Goswami S/o Devgiri Goswami, Aged About 58 Years
Presently Posted As Site Assistant, Working As Amin, In The Office Of
Sub Divisional Officer, Janjgir Canal Division, Sub Division No.1, Water
Resources Department, Janjgir, Chhattisgarh, R/o Old Irrigation Colony,
Janjgir, District Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa,
Chhattisgarh
11 - Ram Khilawan Rathore S/o Gajpati Rathore, Aged About 53 Years
Presently Posted As Site Assistant, Working As Amin, In The Office Of
Sub Divisional Officer, Janjgir Canal Division, Sub Division No.1, Water
Resources Department, Janjgir, Chhattisgarh, R/o Old Irrigation Colony,
Janjgir, District Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa,
Chhattisgarh
12 - Ram Kishore Rathore S/o Devi Prasad Rathore, Aged About 54
Years Presently Posted As Helper, Working As Amin, In The Office Of
Sub Divisional Officer, Janjgir Canal Division, Sub Division No.1, Water
Resources Department, Janjgir, Chhattisgarh, R/o Old Irrigation Colony,
Janjgir, District Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa,
Chhattisgarh
13 - Ashok Singh Banafar S/o Ramayan Singh, Aged About 58 Years
Presently Posted As Helper, Working As Amin, In The Office Of Sub
Divisional Officer, Janjgir Canal Division, Sub Division No.1, Water
Resources Department, Janjgir, Chhattisgarh, R/o Old Irrigation Colony,
Janjgir, District Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa,
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Chhattisgarh
14 - Jairam Kewat S/o Shri Ram Kewat, Aged About 59 Years Presently
Posted As Helper, Working As Amin, In The Office Of Sub Divisional
Officer, Janjgir Canal Division, Sub Division No.1, Water Resources
Department, Janjgir, Chhattisgarh, R/o Old Irrigation Colony, Janjgir,
District Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa,
Chhattisgarh
15 - Raj Kumar Rathore S/o Maharathi Rathore, Aged About 52 Years
Presently Posted As Helper, Working As Amin, In The Office Of Sub
Divisional Officer, Janjgir Canal Division, Sub Division No.1, Water
Resources Department, Janjgir, Chhattisgarh, R/o Old Irrigation Colony,
Janjgir, District Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa,
Chhattisgarh
16 - Surendra Kumar Rathore S/o Thakur Prasad, Aged About 58 Years
Presently Posted As Site Assistant, Working As Amin, In The Office Of
Sub Divisional Officer, Janjgir Canal Division, Sub Division No.1, Water
Resources Department, Janjgir, Chhattisgarh, R/o Old Irrigation Colony,
Janjgir, District Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa,
Chhattisgarh
17 - Digambresh Singh Rathore S/o Rohit Kumar Rathore, Aged About
46 Years Presently Posted As Helper, Working As Amin, In The Office Of
Sub Divisional Officer, Janjgir Canal Division, Sub Division No.1, Water
Resources Department, Janjgir, Chhattisgarh, R/o Old Irrigation Colony,
Janjgir, District Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa,
Chhattisgarh
... Petitioners
versus
1 - State Of Chhattisgarh Through Secretary, Department Of Water
Resources, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur,
Chhattisgarh, Chhattisgarh
2 - Engineer-In-Chief, Water Resources Department, Sihawa Bhawan,
Civil Lines, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh
3 - Chief Engineer, Minimata Hasdeo Bango Project, Water Resources
Department, Bilaspur, District Bilaspur, Chhattisgarh, District : Bilaspur,
Chhattisgarh
4 - Canal Deputy Collector, Hasdeo Basin, Water Resources
Department, Janjgir, District Janjgir-Champa, Chhattisgarh, District :
Janjgir-Champa, Chhattisgarh
5 - Sub Divisional Officer, Janjgir Canal Division, Sub Division No.1,
Water Resources Department, Janjgir, District Janjgir-Champa,
Chhattisgarh, District : Janjgir-Champa, Chhattisgarh
---- Respondents
For petitioners : Mr. Malay Shrivastava, Advocate For State : Mr. Vinay Pandey, Dy. A.G.
Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 15.04.2026
1. The petitioners have filed this petition seeking following relief(s) :
"1) That, this Hon'ble Court may kindly be pleased to call for the entire records.
2) That, this Hon'ble Court may kindly be pleased to direct the respondents to absorb the services of the petitioners on the post of Amin.
3) That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.
4) That, this Hon'ble Court may kindly be pleased to grant cost of the petition."
2. Mr. Shrivastava, learned counsel appearing for the petitioners
would submit that 17 petitioners have filed this petition claiming
therein absorption of their services on the post of Amin in Water
Resources Department. He would fairly submit that out of 17
petitioners, 14 petitioners have already got retired from services on
account of superannuation. He would contend that petitioner No.2
namely Chakradhar Tiwari, petitioner No.4 namely Dhani Ram
Sahu and petitioner No.17 namely Digambresh Singh Rathore may
be permitted to make a representation claiming therein absorption
of their services before respondents No.2 & 3 and in turn, the
respondent authorities may be directed to consider their
representation in an objective manner within a stipulated time.
3. On the other hand, Mr. Pandey, learned Deputy Advocate General
appearing for the State would oppose submissions.
4. I have heard the learned counsel appearing for the parties and
perused the documents placed on record.
5. Taking into consideration the fact that out of 17 petitioners, 14
petitioners have already retired from services, thus, no direction
can be issued in their favour but at the same time, as three
petitioners namely, petitioner No.2 namely Chakradhar Tiwari,
petitioner No.4 namely Dhani Ram Sahu and petitioner No.17
namely Digambresh Singh Rathore are still in service, they are
permitted to make a representation before respondents No.2 & 3
within a period of 30 days and in turn, the respondents No.2 & 3
are directed to decide representations so made by the petitioners
within a period of 120 days from the date of receipt of copy of this
order in an objective manner strictly in accordance with law.
6. With the aforesaid direction/observation, the present petition is
disposed of.
Sd/-
(Rakesh Mohan Pandey) Judge Rekha
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