2026:CGHC:22200 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5028 of 2017  Amarnath Katiyar S/o Ujagar Lal Katiyar Aged About 47 Years R/o H 3 New Flat Pension Bada New Flat Raipur District Raipur Chhattisgarh., Chhattisgarh ... Petitioner(s)

versus

1. Chief Electoral Officer In Front Of Dau Kalyan Singh Bhawan Indravati Block Old Mantralaya Parisar, Raipur District Raipur Chhattisgarh. , Chhattisgarh

2. State Of Chhattisgarh, Through Estate Director (Department Of Home) Its Allotment Officer, Mahanadi Bhavan, Mantralaya, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s)

For Petitioner : Mr. V.K. Pandey, Advocate For Respondent No. 1 : Mr. Animesh Tiwari, Advocate For State : Mr. Abhyuday Tripathi, P.L.

Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board

12.5.2026

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

10.1 This Hon'ble Court may kindly be pleased to set-aside/quash the Copy of impugned order Dated 22.08.2017 (Annexure-P/1) issued by Chief Electoral Officer, Raipur and to reinstate the petitioner forthwith and further to count the services of the petitioner on continuous basis;

10.2 This Hon'ble Court may kindly be pleased to direct the respondent to pay the petitioner's salary for inter-regnum along-with interest;

10.3 This Hon'ble Court may kindly be pleased to issue any other order or orders, writ or writs, direction or directions as this Hon'ble court may deem fit in the facts and circumstances of the case in favor of the petitioners, in the interest of justice.

2) Facts of present case are that initially petitioner was appointed to the post of Assistant Grade-III in the O/o Chief Electoral Officer, State of Madhya Pradesh vide order dated 26.10.1995. After bifurcation of State of Madhya Pradesh in the year 2000, petitioner was allocated to State of Chhattisgarh in the year 2001 and he joined services in September, 2001. Subsequently, he was promoted to the post of Assistant Grade-II vide order dated 17.5.2007 w.e.f. 24.5.2002. The claim of petitioner with regard to promotion to the post of Assistant Grade-I was due and he filed WPS No. 5567 of 2009. While petitioner was posted as Assistant Grade-III, an article of charges was issued wherein six allegations were leveled and departmental inquiry was contemplated against the petitioner.

3) Petitioner preferred departmental appeal on 27.8.2014 but no decision was taken despite repeated reminders therefore petitioner preferred WPS No. 34 of 2015 which was disposed vide order dated 3.8.2016 directing the respondents therein to conclude the proceedings of departmental appeal within period of three months. Petitioner preferred Contempt Case (Civil) No. 71 of 2017 as no decision was taken by the State. Contempt Case was disposed vide order dated 2.3.2017. Petitioner also filed WPS No. 1563 of 2017 challenging – (i) order of suspension dated 12.2.2012 ; (ii) order dated 1.8.2014 issued by CEO, Raipur whereby petitioner was reverted from the post of AG-III to AG-I and (iii) order dated 31.8.2016 issued by Joint CEO, Raipur whereby appeal was dismissed.

4) State Government floated a policy dated 25.4.2017 providing for review of cases of government servants who had either attained the age of 50 years or completed 20 years of qualifying service for the purposes of compulsory retirement in public interest. In compliance of the aforesaid policy, a screening committee was constituted on 12.7.2017 and its meeting was convened on 14.7.2017 wherein the committee examined the cases of employees including petitioner. Upon evaluating the petitioner’s complete service record, annual confidential reports (ACRs), and overall conduct, the committee found the petitioner suitable for compulsory retirement. Subsequently, an order was passed in this regard by Chief Electoral Officer, State of Chhattisgarh on

22.8.2017, which is the subject matter of this petition.

5) Mr. V.K. Pandey, learned counsel for the petitioner submits that ACR of year 2