Digitally signed by AJINKYA PANSARE Date:

2025.12.04 +0530

2025:CGHC:57734 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7284 of 2018  Sanket Kumar Khandey S/o Mainegar Lal Khandey Aged About

43 Years R/o Village Bija, Tahsil- Takhatpur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Petitioner(s)

versus

1. State Of Chhattisgarh Through The Secretary Law And Legislative Affairs Department Mahanadi Bhawan New Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Registrar General High Courtt Of Chhattisgarh At Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Respondent(s)

For Petitioner : Mr. Bidya Nand Mishra, Advocate For Respondent No. 1 : Mr. Pramod Shrivastava, Dy. G.A.

For Respondent No. 2 : Mr. Abhishek Sinha, Senior Advocate assisted by Mr. Gary Mukhopadhyay, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board

27-11-2025

1) By way of this petition, petitioner has sought following reliefs:-

10.1 The Hon'ble Court may kindly be pleased to issue writ / writs, order orders to respondents to set aside order dated 24/07/2018 & Endorsement dated 25/07/2018 passed by the respondents in Annexure-P/1 & direct to the respondents to appoint / rejoin on the post of Higher Judicial Service.

10.2 The Hon'ble Court may kindly be pleased to issue writ/ writs, order / orders to direct the respondents to confirm/ issued certificate to the petitioner on the post of Higher Judicial Service as per sub-Rule 5 of Rule 9 of Chhattisgarh Higher Judicial Service (Recruitment &

Conditions of service) Rules -2006.

10.3 That any other relief, which this Hon'ble Court may deem fit and proper together with cost of the petition.

10.4 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to reinstate the petitioner in service with all consequential benefit w.e.f. date of termination, in the interest of justice.

2) Facts of the present case are that Registrar General, High Court Of Chhattisgarh issued an advertisement on 30.7.2013 to fill up vacancies in respect of SC, ST and OBC candidates for the post of District Judge (Entry Level), Examination – 2012. The petitioner appeared in the said examination and was finally selected on the post of District Judge (Entry Level) on 6.5.2014. He was appointed as Ninth Additional District and Sessions Judge, Raipur on 26.6.2014 on probation for period of two years and he joined on the said post on 1.7.2014. The petitioner was awarded grade- C in the Annual Confidential Report of year 2014-15. Later on, he was transferred to the post of Chairman, Permanent Lok Adalat, Durg on 17.8.2016. Vide order dated 30.1.2017, period of probation was extended for period of one year. The petitioner was again awarded grade-C in the Annual Confidential Report of year

2015-16. Vide order dated 23.9.2017, period of probation was again extended for period of one year. The petitioner was awarded grade-D in the Annual Confidential Report of years 2016- 17 and 2017-18. Petitioner made a representation for upgradation of Annual Confidential Report on 13.7.2018. Meanwhile, Standing Committee of the High Court of Chhattisgarh vide its meeting dated 17.7.2018 resolved to terminate the services of petitioner as he was not found fit for confirmation ; the decision was communicated to Law And Legislative Affairs Department, State of Chhattisgarh and consequently, order impugned was passed on

14.7.2018 whereby services of the petitioner were terminated.

3) Mr. Bidya Nath Mishra, learned counsel for the petitioner submits that petitioner was duly appointed as judicial officer and at the relevant time he was working as Additional District Judge, Raipur. He further submits that even if petitioner’s services were not found satisfactory, his services could not be dispensed with by the State Government except on the recommendation of the Full Court of the High Court in view of the provisions contained in Article 235 of the Constitution rea